What happens when you have no will?

My wife's mother and my wife's sister own a house together, not sure what the asset / liability split is. My wife's mother has no will. There are five siblings, including the one that has shared ownership. So what will happen to my wife's mother part of the estate when my wife's mother passes away?


Asked 9 months ago in Alberta
Categories: Wills, Estates, Trusts

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Benjamin O Mbaegbu

Answer by Benjamin O Mbaegbu

Not VerifiedOntario lawyer

You have proven that it is a joint ownership.
therefore if any of them passed away, the proceeds from the sale of the house should be split into 2 evenly.
the family of the bereaved should get half and the living should get half,.
what i mean is that in case your mother died, your sister in law is entitle to half from the sale of the house with no deductions.

Posted 9 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Benjamin O Mbaegbu, or search the Lawyer Directory.


Katherine MacRae

Answer by Katherine MacRae

VerifiedAlberta lawyer

If the home is owned in Alberta as joint tenants, there is no right of survivorship.  Rather, the property passes to the other joint tenant on title.

You should pull a copy of the title, and determine if the interests are held as joint tenants or as tenants in common.  If as joint tenants, in order for your mother in law's children to receive an interest in the property, the joint tenancy must be severed (that is, turned into a tenancy in common).  If there is a Will, then the interest will pass per the Will.  If there is no Will, and your mother in law lives in Alberta, then the interest passes per the Wills and Succession Act (Alberta).

Posted 9 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Katherine MacRae, or search the Lawyer Directory.

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