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    lrandall's Avatar
    lrandall Posts: 2, Reputation: 1
    New Member

    Oct 31, 2013, 08:31 AM
    Canadian inheritance laws children and living wife
    I am one of two children from my father's first marriage. He later remarried and had 2 more children. He just passed away recently. What rights to I have in terms of inheritance from my father's estate? My father lived in Vancouver, Canada
    lrandall's Avatar
    lrandall Posts: 2, Reputation: 1
    New Member

    Oct 31, 2013, 08:37 AM
    Canadian inheritance laws children and living wife
    My father is deceased and left behind a wife, 2 children from his second marriage as well as 2 children from his first marriage. What are my rights in terms of inheritance?
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert

    Oct 31, 2013, 08:51 AM
    A will will supercede any laws of inheritance, so first you need to find out if he left one.
    ebaines's Avatar
    ebaines Posts: 12,130, Reputation: 1307

    Oct 31, 2013, 08:55 AM
    Please don't double post questions. I see from your other post here: that you are a child from the first marriage. Your "rights" depend on what your father's will says, if he had one. Any assets held in a joint account with right of survivorship (such as joint checking account) go to the joint owner, and any "payable on death" accounts go to the named beneficiary. If he didn't have a will then after all his outstanding debts are paid off the remainder of his estate gets split up among his wife and children - the details as to who gets how much depend on which province in Canada he lived in. Tell us which province and we can be more specific.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977

    Oct 31, 2013, 09:17 AM
    Quote Originally Posted by ebaines View Post
    ... Tell us which province and we can be more specific.
    The other thread indicated decedent lived in Vancouver, which is in British Columbia.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man

    Oct 31, 2013, 09:28 AM
    I've merged your threads. Please post any follow-up to this thread.

    From this site: Making a Will and Inheritance Law in British Columbia - AngloINFO Metro Vancouver, in Metro Vancouver (Canada)

    Intestacy laws prescribe that the estate will be distributed as follows, in the listed priority:

    If there is a spouse and children, the spouse is entitled to:
    (a) the first $65,000
    (b) a life estate in the home
    (c) household contents
    (d) half of the residue if there is one child, or 1/3 of the residue if there is more than one child.

    This assumes he left no will. So you and the other 3 children split 2/3rds of the residue.

    If there was a will, then this provision comes into play:

    A testator must provide "adequately" for his or her spouse and children. A court may vary the provisions of a will if it does not adequately provide for the proper maintenance and support of the testator's spouse and children.

    The probate court will need to make a determination of adequacy.

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