Contesting A Fraudulent Will

Summary

In British Columbia, a Will can be contested if suspected of fraud or improper execution. A fake or forged Will is generally null and void. Consulting a lawyer is advisable to navigate this complex situation and ensure rightful inheritance.

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My husband 's sister wrote their grandmother's Will and his other sister signed it and got their two friends to sign it as witnesses. The sister who wrote the Will made my husband the executor of their grandmother's Will and put on the Will that the grandmother wanted her house to go into my husband's name and his sister's name when that wasn't supposed to be what happened. The grandmother told my husband that he was going to get the house and not his sister, because my husband was the oldest. So, my huband has passed away recently and he left me the house in his Will, and his sister is trying to take the house from me by using the fake Will her and her sister wrote for their grandmother.
I'm sorry to hear about this difficult situation. To better assist you, can you please confirm if the grandmother's Will was ever probated?
I don't know.
I'm sorry to hear about this complicated situation. In British Columbia, the validity of a Will can be contested in court under certain circumstances. Here are some general points:
- Wills must be written and signed by the testator (person making the Will) and witnessed by two people in the presence of the testator.
- If fraud or undue influence is suspected, the Will can be contested in court.
- Executors have a duty to act in the best interests of the estate.
Would you like more information on how to contest a Will, or do you need help finding a lawyer who can assist you?
But the thing is, my husband's grandfather died before his grandmother but his grandmother's Will was approved before his grandfather's Will, so in the eyes of the government, they thought that the grandfather was still alive, so that would make the grandmother's Will void because it was a fake Will and because since after the government finally approved the grandfather's Will, they already knew that the grandmother was dead, so they made my husband the executor of his grandfather's Will because his uncle didn't want the position, so he appointed my husband and he was approved, and because in the eyes of the government, my husband was the closest legal next of kin to his grandfather so that would mean that my husband would have got everything in his grandfather's Will, right?
It sounds like a complex situation. In British Columbia, the validity of a Will and the distribution of an estate can be contested, especially if there's suspicion of fraud or improper execution. Since your husband's sister is trying to use a contested Will, it may be beneficial to consult a lawyer.
Would you like assistance in connecting with a local lawyer who can help you navigate this situation?
Would my husband be the beneficiary of his grandfather's Will and be the sole owner of his grandfather's house, yes or no?
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It's challenging to give a simple "yes" or "no" answer without more details. The court will consider the validity of the Wills, the circumstances surrounding their creation, and the applicable laws. Contesting the Wills and proving fraud or undue influence could be crucial steps.
Would you like more information on how to contest a Will?
If a Will is fake or forged, that makes it null and void, right?
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Yes, a fake or forged Will is generally considered null and void. Contesting a Will in court can help establish its invalidity. Given the complexity and potential for fraud, consulting a lawyer would be beneficial.
Would you like to be connected to local lawyers who can better assist you with your case?