My cousin, an only child, was recently disinherited by her father. Father made a last minute will leaving everything to charity and a small bit to myself and 1 other nephew. The will is about 6 million total. Charity gets 5.5 million and my other cousin and myself get $500k. Mother died sometime ago.
My cousin is contesting this will (of course). I know that BC has a wills variation act but I am wondering how much success my cousin will have. She is 40 has never had a job and already has two houses under her name, one from her father and one from her mother. She is also the beneficiary of a $500,000 life insurance policy. She also transferred $300,000 out of her father’s account, into her own, a month before he died.
I know BC courts make sure adult children are provided for but I am wondering if that would apply in this situation. Yes, the daughter was disinherited but she has already received about 3 million dollars. What are the chances of the will being overturned?
There are a few reasons why I hope that doesn’t happen. First, my cousin has turned our entire extended family against me and everyone is calling me selfish for not just giving her my portion. Second, it pisses me off that my cousin stole from my uncle and might get away with it. Third, my cousin’s gangster boyfriend has been threatening me. He is a member of a gang that we all hear about in the news so I will be honest, that I am scared.
Any insight would be great. She has been threatening me with a lawyer so I know this will be in court. I just need to know how worried I should be.
Main Legal Issues:
Validity of the will under BC's Wills Variation Act
Potential impact of the daughter's existing assets and financial situation on the court's decision
Allegations of financial misconduct by the daughter
Questions Answered:
The daughter's chances of successfully contesting the will depend on various factors. While BC courts do consider the needs of adult children, the daughter's existing assets, including two houses and a life insurance policy, may affect the court's decision. The recent transfer of $300,000 from her father's account into her own could also be viewed as suspicious and may impact the outcome of the case. Given these circumstances, the chances of the will being overturned may be lower than if the daughter had fewer assets and financial resources.
Potential Strategies:
Gather Evidence: It would be crucial to gather evidence to support the validity of the will and to counter any allegations of financial misconduct by the daughter. This could include bank statements, property ownership documents, and any communication related to the transfer of funds.
Consult with a Lawyer: Seeking legal advice from a lawyer experienced in estate law and wills variation cases would be essential. A lawyer can provide guidance on the best strategies to defend the will and protect your interests.
Consider Mediation: If possible, exploring mediation as an alternative dispute resolution method could help avoid a lengthy and costly court battle. This could also help address the family dynamics and potential threats from the cousin's boyfriend.
Things to Discuss with a Lawyer:
Safety Concerns: Given the threats from the cousin's boyfriend, discussing safety measures with a lawyer is crucial to ensure your well-being and protection.
Legal Options: Understanding the legal options available to you in response to the threats and potential defamation by the cousin is important for your peace of mind and legal protection.
Estate Planning: Considering your own estate planning and potential implications of the ongoing dispute with your cousin on your assets and beneficiaries would be wise to discuss with a lawyer.
Financial Preparation and Key Points to Consider:
The potential legal fees and costs associated with defending the will in court should be factored into your financial planning.
Considering the impact of the ongoing dispute on your relationship with the extended family and potential long-term consequences on family dynamics.
Evaluating the potential risks and benefits of maintaining or severing ties with the cousin and her gangster boyfriend in light of the threats and safety concerns.
Always consult with a lawyer.
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