Maria Got Everything While Her Siblings Were Disinherited. Does She Have To Pay Them Anything From The Estate?

Q. My mother passed away a few months ago and she left her entire estate to me, explicitly disowning my brother and sister. Ten years ago, my mother gave them $200,000 each as an advance on their inheritance to start their own businesses. The businesses didn’t work out and both my siblings asked my mother for more. When she said “No,” they never spoke to her again. I cared for my mother (she had cancer but not dementia) and two years ago she rewrote her will and left me everything. My siblings are now saying I poisoned her against them and took advantage of my mom. I did not. They are telling me that unless I give them each $100,000 they will take me to court. Would it cost more in legal fees than just paying them out? I’m so angry at this but still want to be fair about it. —Thanks, Maria in N.S.

FP Answers: Dear Maria, my condolences for your loss. No one is automatically entitled to an inheritance. Your mother can decide to exclude two of your siblings from her estate. She may have documented her reasons with her own will lawyer. This can spare you the problem of proving that there were legitimate reasons for your siblings’ disinheritance.

Your siblings have threatened you with legal proceedings. Your mother may or may not have documented her legitimate reasons to exclude your siblings if she did not use a lawyer to make her will. This is one advantage of lawyer-prepared wills because lawyers are expert witnesses in court to support the wills they prepare.

Your own affidavit confirming why your mother excluded your siblings may be inadmissible in court as hearsay evidence. The 10-year period with a lack of communication is a key factor, provided you did not isolate your mother.

Remember, your mother could still have given significant other items to your two siblings whom she disinherited in her will. These potential gifts could have bypassed her will. You did not mention if you also received $200,000 from your mother years ago.

Adult children sometimes accuse siblings of poisoning a parent who was vulnerable or unable to manage their own finances. You cared for your mother and could have unduly influenced her. Can you show your mother acted independently? You need your own lawyer to advise you.

Courts are aware that disgruntled beneficiaries can needlessly place financial obligations on estates by making allegations of undue influence. In Ontario, where I practice law, merely making such allegations may not cross the threshold to allow your siblings to challenge wills. Some wills can be presumed valid where lawyers have notes to support the will. Courts now require anyone in Ontario who challenges a will to provide evidence that could invalidate it if the concerns are not property explained or resolved. Courts may be concerned your mother’s exclusions could have been based on delusions affecting her capacity to make a will.

If your mother made promises to your siblings and then ignored them, you still may have to deal with your siblings. All claims against estates have strict time limits for filing with courts. Claims can either be negotiated, mediated or litigated.

Your own lawyer can advise you about the benefits of resolving your siblings’ claims to avoid any prolonged litigation. The cost benefits of early resolution must be considered to maintain familial relationships.

• Should Glen, 45, with little savings and $100,000 remaining on his mortgage, borrow to invest in an RRSP?
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Any settlement with your siblings will require them to sign releases for you and your mother’s estate. These releases should be prepared by your lawyer.

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.