| Wills, Trusts & Estates The law of trusts and estates is the area of law which governs the management of personal affairs and the disposition of property in the event of a person's incapacity or death. | 
08-27-2005
| | Junior Member | | Join Date: Aug 2005
Posts: 1
Rep Power: 0 | | estate ripoff, advice needed my wife was removed from her fathers will, when he was dying in hospital in Ont. He was about 1 month from death and very heavily medicated. At the time we didn't have the money to contest the will. does anyone know what the statuate of limitations are? I feel it very unfair that someone can do this.My wife origonally was the in charge of the will. So when her dad was not in right mind the got him to change the executor and the will. We lost all of the estate and contents, which went to people whome werent even related. | 
08-29-2005
| | Senior Member | | Join Date: Jun 2005 Location: India
Posts: 184
Rep Power: 4 | | Pre-conditions Quote: |
Originally Posted by pnburn my wife was removed from her fathers will, when he was dying in hospital in Ont. He was about 1 month from death and very heavily medicated. At the time we didn't have the money to contest the will. does anyone know what the statuate of limitations are? I feel it very unfair that someone can do this.My wife origonally was the in charge of the will. So when her dad was not in right mind the got him to change the executor and the will. We lost all of the estate and contents, which went to people whome werent even related. | You could have a chance in the following circumstances:
a. That the doctor in charge of your father's case is willing to testify that your father was not in a mental state to decide about a change in his will.
b. That the hospital records show that the doctor's testimony is valid.
c. The diagnosis of your father's condition and the medicine he was administered should have technical back-up for the doctor's testimony.
d. Para-medical hospital staff should be willing to testify about your father's mental state.
e. There could be a procedural defect in the drawing up of the new will.
f. The matter should be relatively recent.
You would need to review the evidence on your side and the time and money involved in trying to contest the new will. | | Domain Names Sponsor | | |
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