A will with a notice of dispute

I live in BC. My grandfather passed away in November 2019. I received a copy of his will in December 2019 and my sister and I are set to receive $100,000 a piece. In reviewing the will, it was found that his original will was made up in August 2017, which had his estate set to be divided into 4 equal portions. One for each of his 3 daughters and the last one going to me, my sister, and my mother. This was in honor of my father, his son, that passed away roughly a year prior. In November 2017, my grandfather had surgery to remove half of his jaw due to cancer. He was in the hospital until January 2018. We found out that there were two Codicils added to the will. One in January 2018, when he was still in the hospital. This modified the portion me , my sister, and my mother would receive. Setting it to a fixed $100,000 each. My three aunts would then divide up the estate after our portion was paid out. It is important to note at this same time my aunts and my mom had stopped talking due to my mom becoming romantically involved with a new man. One in September 2018, when he was still recovering and taking morphine daily. This modified the will to remove my mom completely. Now, in March 2020, my sister filed a Notice of Dispute against the will. She states my grandfather was not in the right mind and was coerced by my three aunts. She wants the will put back to the original, prior to the two Codicils. I have a couple questions about this. Would she have grounds to update her Notice of Dispute to either some how fully remove just me from the will or to have the will reverted back to the original prior to the two codicils but only for her and my mom, leaving me to only get the $100,000? If she does succeed in having her Notice of Dispute honored, will a new will need to be sent out to all parties listed in the will prior to anything actually being distributed? My sister has recently threatened me to help contribute to the retainer for her lawyer or she will "remove me from her Notice of Dispute". Just looking for some guidance.

Asked 9 months ago in Maple ridge, British Columbia
Categories: Wills, Estates, Trusts

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Vishal K Bajpai

Answer by Vishal K Bajpai

VerifiedBritish Columbia lawyer

If your sister is successful in having the codicils voided then the will as written in August 2017 will be probated and your grandfather's wishes as set out in the will will apply. As for your sister threatening you to contribute to her lawyer's fee or cutting you out, I do not see on the facts as you have set out above how she intends to to that. Her lawyer cannot file a Notice of Dispute on your behalf unless you signed a retainer agreement with him/her or in some way consented to one being filed on your behalf. You should explore this further. You should consult with a lawyer and look into filing your own dispute notice if one hasn't been filed. If one has been filed then you may need to act on it before you run out of time.   

Posted 9 months ago

Vishal K Bajpai is a lawyer and BC Law Society accredited family mediator and arbitrator.  He is an associate family roster member of Mediate BC. Vishal is the founder of Bajpai Law Corporation, a general practice firm in Abbotsford, BC. See more about Vishal at https://bajpai.ca

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 Vishal K Bajpai, or search the Lawyer Directory.

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