My mother passed a few months ago and while she had nothing to leave in a will, which for my mother was the norm, as she gave while she lived without thought to her own needs. It led me to wonder, what if?
It got me thinking what if my mother did have a will? What if she was very wealthy? What if she would have disinherited the three girls that were left, and left everything to the only boy that was living? Would this have been fair, and would it have stood up in court? The answer may come as a surprise. If you live in Newfoundland or British Columbia, Canada, the answer is, maybe, or maybe not. It would all depend on the courts.
Many people are finding out that their will may not be as iron clad as they may think. In the province of Newfoundland as well as British Columbia, Canada, it will depend on the courts to decide if the sole heir to an estate will get the bulk of the family fortune. If the will is contested by other siblings, it is in the favour of the siblings that they will get their share regardless of what is stated in the will.
The government has stepped in to deem disinheritance of a child is unfair in Newfoundland and British Columbia. In other provinces, if the will is valid, the estate will go to the child that is stated in the will, without dispute. Of course, this is done through the courts. But in these two provinces the courts decide if the disinheritance of a child is warranted, and the child must have a very good reason to keep the estate, but they favour the splitting of the estate rather than following the parent’s wishes.
If a child is disinherited, it is probably for a very good reason. If one child has cared for the ailing parents when they needed them, which in some cases maybe years, and the others never stop by to see how they are, then that child that has tended to the parents is well entitled to the estate. The Newfoundland government is saying that this does not matter. Each child deserves to be treated the same, regardless of the reason, the other siblings were disinherited.
If the government of Newfoundland can step into the sanctity of a will that is valid, and change it, then this could be the case anywhere in the world. A will might be subject to change, without people being aware that it is possible. Check your part of the world, and see if your will is as iron clad as you think it is. Checking with a lawyer should give the parents peace of mind that their wishes will be carried out.
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