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burnin_vernon · 10-13-2009, 09:31 PM

I cannot seem to get anywhere on Google with this...

I need to know if wills are ruled federally or provincially.

More importantly, I would like to find a Wills Act (?) online for the province of Ontario (if laws vary by province).

I'll take a shot in the dark and tell a bit of the story on the off chance that anyone here has had a similar situation.

My dad's mother died and left a sum of cash to his sister but she died 4 days later. Now his niece is knocking on the door looking for the money that she assumes was entitled to her mom. BUT the will stated that if the death of her daughter happened before her own, the money would go to someone else.

We have heard that if a beneficiary dies up to 5 days after the deceased, they are considered predeceased for the purposes of a will. We just can't find this documented and would like to have a bit of knowledge before we meet with a lawyer.

It is a potentially very ugly situation. The niece is not a good person and spoke ill of her mother all her life. My dad's mother would be furious if she ever knew this girl got a cent of her money. The clause of my aunt predeceasing her was made for specifically that reason.

Neither my dad's sister nor his niece have any idea what was stated in the will.

10-13-2009, 09:31 PM	#1
burnin_vernon Powerplay Quarterback Join Date: Feb 2006 Location: Vancouver Exp:	Concerning Wills I cannot seem to get anywhere on Google with this... I need to know if wills are ruled federally or provincially. More importantly, I would like to find a Wills Act (?) online for the province of Ontario (if laws vary by province). I'll take a shot in the dark and tell a bit of the story on the off chance that anyone here has had a similar situation. My dad's mother died and left a sum of cash to his sister but she died 4 days later. Now his niece is knocking on the door looking for the money that she assumes was entitled to her mom. BUT the will stated that if the death of her daughter happened before her own, the money would go to someone else. We have heard that if a beneficiary dies up to 5 days after the deceased, they are considered predeceased for the purposes of a will. We just can't find this documented and would like to have a bit of knowledge before we meet with a lawyer. It is a potentially very ugly situation. The niece is not a good person and spoke ill of her mother all her life. My dad's mother would be furious if she ever knew this girl got a cent of her money. The clause of my aunt predeceasing her was made for specifically that reason. Neither my dad's sister nor his niece have any idea what was stated in the will.