How could someone go about contesting a holographic will that was made 6 years ago from another province? The will itself wasn't signed or dated, it went through probate 3 times now. What can be done?
In these circumstances, it may require an application to the court to have a judge interpret the will. If you require assistance on the drafting and filing of an application, you may wish to contact a lawyer through British Columbia's law society referral service or CBA referral service.
My mother drafted a Will in Feb 2002 and signed it. She got permission from her proposed Estate Trustee in Sept 2002. Mom resigned her Will in the Witness Signature spot, dated it Sept 2002, and had the Estate Trustee'… (Read more)
In general, a court requires two witnesses signatures for a Will to be legally valid. A handwritten will with no witnesses may also be valid, this form of will is known as a "holograph will". A holograph will must be written by hand.
In this situation, it seems that the will may not be valid. In such circumstances, you may need to apply for an order from the court to distribute the estate.
My parents have both passed away, my father just five months ago. His Will specifies that their house be sold and the money be divided evenly between the 5 children. One of the siblings wants to purchase the house. Is th… (Read more)
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