Victor's father recently died in British Columbia, and Victor and his two brothers began probate after finding no will. Now their uncle claims their father had a handwritten will from 2011 leaving everything to him, but refuses to show it. Victor finds this hard to believe given his father's stated wishes and dislike for his brother. He suspects the will may have been written as security for a loan. FP Answers provides guidance on what to do.
Legal Expert Weighs In
Edward Olkovich, an Ontario-licensed lawyer, responds strictly for informational purposes, noting he cannot interfere with any existing legal relationship Victor may have. He emphasizes that Victor should rely on his own British Columbia lawyer for advice.
Demanding the Will
Olkovich states that the uncle's refusal to produce the alleged will is unacceptable. There should be a procedure in British Columbia to compel anyone holding a testamentary document to produce it to the court and to Victor. A lawyer's letter can demand a copy, and if necessary, a court order can require production within a specified period.
Next Steps
Once Victor obtains a copy, he can seek legal advice to assess its validity and decide on further steps. His probate application may be paused until the court determines the will's status. The uncle may need to submit the document to the court for validation.
The handwritten document may have been given as loan security, raising suspicions of undue influence or suspicious circumstances. Victor may need to contest the will if it does not meet legal requirements. A legal opinion is essential to determine its validity.
