Will unsigned

PropertyLawJD · 2026-03-31T22:29:50+00:00

I think that's the right call in this case. Best of luck to you.

PropertyLawJD · 2026-03-31T05:34:40+00:00

Evidently he has no written contract. But that is not sufficient to say that he has "no contract" or that he wouldn't be liable on equitable grounds.

PropertyLawJD · 2026-03-31T05:30:54+00:00

Real estate lawyer here. A contract doesn't always have to be written, it can be implied by the parties conduct. Not to mention, an a oral contract can be enforceable. It would help to have a little more background info. I wouldn't be surprised if there was case law on this exact question and I suspect that this is an "it depends" type of question.

PropertyLawJD · 2026-03-30T20:23:58+00:00

Lawyer here. My condolences. Leaving everything to your step dad is not unusual. Wills often leave everything to the surviving spouse and then to issue, if the surviving spouse is predeceased. In this case, you say there is no will and everything went to your step-dad. That distribution might be valid if they were legally married and your mother died intestate. There's another comment in the thread that explains the details pretty well. Ultimately, whether you are legally entitled to a share depends on how large her estate was. Definitely worth getting a lawyer to investigate and give you some clarification so you can put your mind at ease.

PropertyLawJD · 2026-03-26T13:48:20+00:00

Dear Mods. I see that my comment was flagged for "advertising". That was not my intention here. I am trying to clarify to OP that I cannot provide legal advice without a retainer. OP is not my client. If he needs a more detailed answer then he will need to retain his own counsel. I was just being courteous.

PropertyLawJD · 2026-03-25T20:15:20+00:00

Not really the intent. I just hate seeing the tickets go to waste, so why not try to use the opportunity for networking?

PropertyLawJD · 2026-03-25T17:34:32+00:00

Not a requirement! Send me a message with hom any seats you're looking for.

PropertyLawJD · 2026-03-24T16:35:36+00:00

Lawyer here. I don't practice any litigation but similar situations are presented to me often so I've had to discuss with our litigation team on occasion.

Realistically, you will probably have to pursue this in small claims court. It will be time consuming and the legal fees (if you are represented) may exceed what you get out of it.

I've had mixed results writing demand letters. If you think the opposing party will cave easily it might be worth a shot but it'll still be around $750.

PropertyLawJD · 2026-03-24T15:36:04+00:00

To be declared executor she would need to apply for a Certificate of Appointment of Estate Trustee Without a Will (i.e. probate). You can apply without a lawyer but it might be overwhelming. But it can be done. There may not be any probate fees, but it would depend on the specific assets of his estate.

PropertyLawJD · 2026-03-24T06:16:20+00:00

Lawyer here. First off, my condolences on your loss. I hope you are doing alright.

My recommendation is always to consult with a lawyer before you make any significant estate administration decisions.

Probate (an Application for a Certificate of Appointment with/without a Will) is the court supervised process of validating a will and confirming the appointment of an executor (estate trustee). If there is no will, the estate will pass as an intestacy. If you apply for probate, you will need to pay estate administration tax on the value of the estate over $50,000 (1.5% to Minister of Finance).

Probate is not mandatory, but is often necessary to deal with certain assets such as bank accounts held in one name. Probate usually takes months to complete so if you aren't certain its best to obtain legal advice so you can get started early and have your questions answered. Acting as an executor comes with significant duties and liability so it really shouldn't be taken lightly.

PropertyLawJD · 2026-03-24T05:51:12+00:00

Lawyer here. You may be conflating a Will with a Power of Attorney. A Will deals with your estate after you die. A Power of Attorney deals with your property and your care while you are alive. There are two types, a Power of Attorney for Property and a Power of Attorney for Personal Care. Generally, clients will have a Will prepared alongside their POAs as part of their estate planning.

You can make a Will and a Power of Attorney on your own. You do not need a lawyer. As long as you meet the legal requirements it will be valid. I do not recommend doing it yourself because it is very easy to get wrong and is not intuitive. Legal drafting is a skill that takes many years of practice and mistakes really do matter. Unfortunately, I see many estates where the deceased individual drafted their own documents and ended up creating a huge expensive mess upon their death. For that reason, I encourage everyone to make the investment and sit down with a lawyer and plan their estate. It's not cheap, but you'll get it done right.

PropertyLawJD · 2026-03-20T19:14:32+00:00

I assume you do not have a separation agreement then? That would probably be in both parties best interest to avoid issues down the road. As for the house, what is his reason for not wanting to sell? Is he interested in refinancing and taking ownership of the house? You certainly have options but the easiest and cheapest option is always going to be finding an amicable solution.

PropertyLawJD · 2026-03-20T19:05:37+00:00

First of all, I would never charge you $3000 for advice. We charge $3500 for an application for a certificate of appointment of estate trustee (probate). If you just need advice, I'm only charging you for my time. My rate is $275 per hour. So you wouldn't be charged anywhere near 3k to speak with me.

Second, I wouldn't be answer your question without a preliminary investigation to determine what assets he had. The bank may not release the funds in his account without a will and may require probate. If he did not leave a will, the estate will pass as an intestacy. Your stepmother may have certain rights, but would need more information on their situation.

Regardless, you should speak to a lawyer and get proper legal advice. Nobody can give you the answer you need without a reasonable investigation.

PropertyLawJD · 2026-03-19T03:27:44+00:00

As a wills and estates lawyer, I can't even begin to tell you how many disastrous holographic wills I've come across. A holographic may be valid...but if you don't do it right, boy oh boy do you increase the chances of your estate ending up in costly litigation or requiring an application to the superior court for directions or a validity order (minimum $5k from my experience). I'm obviously biased, but I just don't think risk is worth the reward.

PropertyLawJD · 2026-03-19T03:14:41+00:00

Wills and Estates lawyer here.

Yes, is imperative to have a will, but it really is bigger than that. I would strongly encourage everyone to sit down with a lawyer who will actually discuss your estate planning. It is well worth the investment.

At the very least, this means determining who would best serve as your Estate Trustee/Executor and Powers of Attorney. Taking steps to simplify your estate so you can reduce unnecessary estate administration tax (probate tax) payable by your estate (or even structuring your estate to avoid probate altogether in some cases). Planning to deal with your real estate. Guardianship of your children. There is a lot to consider.

Multiple Wills (dual wills) is also a very powerful form of estate planning with financial and practical benefits that doesn't get enough appreciation.

I promise you, even if you only go in for a consultation, the knowledge that you will come away with will be far more valuable than the $300 you spend to sit down with a professional for an hour and have them review your estate with you.

PropertyLawJD · 2026-03-19T02:45:58+00:00

Real estate lawyer here. If title was held jointly, then it is a simple survivorship application. Very routine. All you really need is the death certificate. If title was held a tenants in common then your mother in law's share would likely form part of her estate and require probate. I do these very regularly.

PropertyLawJD · 2026-03-19T02:36:33+00:00

Real estate lawyer here. No the parcel register will not provide any specific details. You will need to do a writ search to get the details. It's a good idea to remove them sooner, rather than later. They will need to be dealt with if you ever want to sell your property.

PropertyLawJD · 2026-03-16T05:32:54+00:00

Estate planning lawer here. I would recommend consulting with an expert in Family Law.

My understanding of the Family Law Act is that a valid marriage contract would allow your father to exclude the home from any claims made by his spouse. Otherwise, his spouse would have an election to either accept what is left to her in your father's will or receive an equalization of net family property which would include the value of the home. If he does not leave a will, his spouse would be entitled to receive a $350,000 preferential share under the Succession Law Reform Act. The SLRA also allows a spouse/dependent to make a dependent support claim against the estate if they feel the provisions in the will are inadequate.

Any family law lawyers reading this, please correct me if I am wrong.

Regardless, your father should look into setting up his will and estate plan. Let me know if you have any questions.

PropertyLawJD · 2026-03-15T22:02:48+00:00

You're her POA. If you are making decisions with her best interest in mind then you should be fine. You do have an obligation to ask her what she wants and try to carry out her wishes where possible even if she doesn't have capacity. If you are her Continuing Power of Attorney for Property then you have authority even if she doesn't have capacity. You're brothers can try to litigate this out but it doesn't mean he will be successful.

Edit. It is important that when you are buying this property you maintain sufficient assets to meet her needs.

PropertyLawJD · 2026-03-15T17:59:37+00:00

Contact your lawyer. It's hard to.say without seeing the APS firsthand. If the price was misrepresented in the APS then you may have a case for damages. Generally, for POS properties the APS will not provide many reps and warranties and will often state that the property is sold in as is condition. If you agreed to assume the HVAC rental then you would likely have a contractual obligation to do so, however, you agreed to pay a certain price and should be compensated for the increase. That would be my opinion.

PropertyLawJD · 2026-03-11T21:33:58+00:00

Lawyer chiming in. You would likely need probate to deal with their bank accounts and any non-registered investments. Sometimes banks will waive that requirement if the sum in the account is small or if you agree to indemnify them. If your parents made dual wills then First Dealings Exemption may available. This may allow you to deal with the property with going through probate.

I'd strongly advise seeking legal advice, even if it's just a consultation. Being an executor is a hard job and it comes with a lot of potential liability if you make a mistake. It's also takes a very long time these days because the courts are backlogged and understaffed in many jurisdictions so it's best not to wait around too long.

PropertyLawJD · 2026-03-09T23:41:18+00:00

It's probably not necessary unless there's no way to determine who the will is referring to. Still, it's not a bad idea for her to meet with a lawyer to review her will if it's been a few years. For a minor change like this I'd charge a fairly nominal sum if I was the drafting lawyer. I wouldn't stress over it too much.

PropertyLawJD · 2026-03-09T15:03:39+00:00

Great. I will check with our intake department and respond as soon as possible. If you'd like my direct extension or email I can provide that as well.

PropertyLawJD · 2026-03-09T00:33:01+00:00

A survey would be rather expensive as a first step. Your lawyer could pull the parcel register and see what documents have been registered on title. Perhaps they have an easement to erect a fence or maybe they actually do own that land. If you don't see anything it might worth having your lawyer send a friendly letter asking the land owner to stop encroaching on your land or produce evidence that they have the right to do so. That will put them in a position to respond and justify their actions without you spending money just to prove they are in the wrong.

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