Does A Newly Discovered Half-sister Have Any Rights To Mom’s Estate?

Q. I found out last year that I have a half-sister my mom put up for adoption before I was born. Thanks to an ancestry search this person has found my mom. My mom and I are not close and she doesn’t have a will. She’s 83 years old and lives in British Columbia. My sister made it clear she wants a relationship with my mom but not with me. In fact, her behaviour leads me to believe she wants money. I know there’s not much I can do about it now but I am wondering what rights she has? And what happens in this case if my mom dies without a will? —Paula

FP Answers: Dear Paula, you did not mention where you or your half-sister live. These are factors to consider, as your mother lives in British Columbia. You need a lawyer there to advise you about intestacy (no will) laws as each province has different estate laws.

If your mother dies without a will, I believe your half-sister may share in your mother’s estate equally with you but you should confirm this with your own lawyer in B.C. You will need to learn what rights you may have to your mother’s estate if she has no will.

Your mother is 83 years of age. Why were you and your mother not close? These reasons may make a difference. Who is helping your mother? Does your mother need a helping hand or some assistance with daily activities? Does she drive a car? Does she have a spouse? Is she capable or incapable? Does she have powers of attorney? Have you had any personal contact with your mother to observe if she is independent or mentally incapable? Without personal knowledge, you may have difficulty proving your mother could have been unduly influenced to make a will by your half-sister.

You may need to recommend that your mother make a will to reduce taxes and appoint an estate executor. Your mother may prefer to leave her estate to her grandchildren, if any, and can only do this with a will.

Your mother can also decide not to include your half-sister or you to share in her will. Your mother needs legal advice to understand this. She may not know she needs a will for these issues until you mention it. Plus, if your mother has no will, you may not be able to administer her estate if you live outside of her province. Your half-sister may be in charge as your mother’s estate executor or administrator of her intestate estate.

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You should also be concerned if your mother makes a will and shows a preference for your half-sister who may have taken advantage of your mother and any vulnerability she may have. Ask your lawyer to advise you of your options.

Regardless of the size of your mother’s estate, you may wish to check in with your mother on a regular basis.

This information is no substitute for legal or tax advice. Edward Olkovich is an Ontario lawyer at MrWills.com. He is certified by the Law Society of Ontario as a specialist in estates and trusts law.

Do you have a question for FP Answers? Email wealth@postmedia.com.