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.
Answer by Vishal K Bajpai
British Columbia lawyer
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
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