If a parents will states " the estate is to be divided equally between our 4 sons" and 1 son dies before alzymers parent, is the 20yr wife of son entitled?

The living parent does not even understand 1 son is dead but the remaining sons say the widow and children are not entitled to share since she is not a son as the will states, even though they were married for 20 yrs with 3 children.  As a family friend of the widow I have told her this cannot be true but the remaining heirs are convincing her that this is the way it is.


Asked about 9 years ago in British Columbia
Categories: Wills, Estates, Trusts

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Robert J. Klassen

Answer by Robert J. Klassen

VerifiedBritish Columbia lawyer


If the living parent's will states that the equal division of the residue between the 4 sons is per capita, then the surviving sons would take that brother's share.  If the will states the equal division is to be per stirpes, then the surviving children of that son would take their father's share.  The deceased son may have left a will which the widow and children would benefit by or if no will, the Estate Administration Act applies and the widow and children would benefit.

Posted about 9 years 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 Robert J. Klassen, or search the Lawyer Directory.

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