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Has Anyone Had To Fight An Old Will

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Beyond my everyday grieving for a life that is no longer to be, which is devasting in itself, I am also faced with the task of fighting for my rights as common-law wife of 8 1/2 years to a Will written long ago (1996) that leaves everything in my husbands "estate" to his sister. I told Michael I'd kill him if this happened and here it has...

We were working on a new Will, but it was never completed. I have hired a lawyer and will fight under the Wills Variance Act (no person can die without leaving consideration to a spouse or child in BC). Had we been legally married, the Will would be automatically revoked, as this wasn't so, I have to have the grief of fighting "his" sister. This is the sister who provided no or negative support over the last 8 1/2 years, who hurt my partner in many ways and not just by lack of support ...

I can't just let it go, for Michael and me (I just know too much, how he felt). But I have no idea at all where this path will lead... Has anyone else had this additional grief? I hate conflict, but don't see/feel there are other options. I'm trying to let go, which is why I hired a lawyer (tyring to leave it in their hands), but am still looking for direction/answers to where all this will go. It has only been 5 weeks and everything is all so raw, and this is a long way off, i.e. there is no official "claim" to be made until probate (at least 3 to 6 months down this road)... Thanks, Deb

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hi Deb,

aw I'm sorry you now have this hassle to deal with, it's the last thing you need when trying to deal with losing your beloved.

I don't have any experience of this but I hope it will work out. I hope Michael (that's my Dad's name actually :wub: ) is doing is little bit up there somewhere to make sure this works out for you, those Michaels are a great bunch ;)

It's good that you have a lawyer, so for now you can just leave it in his hands, he will contact you when anything is needed from you. So you just concentrate on yourself now if you can manage to.

I just am sorry that things are like that with his sister,

sending you love,strength and peace


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I am so sorry to hear you have this road of fighting ahead of you as well as the grieving. I have not personally had to deal with this, though my husband did have to fight family members of a friend over a will. However, it was the way the language of the will that was contested by the family that was fought...not that the will was old. It was still a mess, and still added alot of unnecessary stress to an already sad situation. Like niamh said, you have a lawyer, let them handle the legalities, they will contact you when they need something. In the meantime, you concentrate on you and taking care of yourself. Sending you {{HUGS}} and strength.

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