Maria got everything while her siblings were disinherited. Does she have to pay them anything from the estate?

Skip to Content News Archives Economy Energy Oil & Gas Renewables Electric Vehicles Mining Commodities Agriculture Real Estate Mortgages Mortgage Rates Finance Banking Insurance Fintech Cryptocurrency Work Wealth Smart Money Wealth Management Investor Personal Finance Family Finance Retirement Taxes High Net Worth FP Comment Executive Women Puzzmo Newsletters Financial Times Business Essentials More Innovation Information Technology FP500 Podcasts Small Business Lives Told Tails Told Shopping Financial Post Store Obituaries Place a Notice Advertising Advertising With Us Advertising Solutions Postmedia Ad Manager Sponsorship Requests Classifieds Place a Classifieds ad Working Profile Settings My Subscriptions My Offers Newsletters Customer Service FAQ News Economy Energy Mining Real Estate Finance Work Wealth Investor FP Comment Executive Women Puzzmo Newsletters Financial Times Business Essentials This advertisement has not loaded yet, but your article continues below.HomePersonal FinanceMaria got everything while her siblings were disinherited. Does she have to pay them anything from the estate?FP Answers: Nobody is automatically entitled to an inheritance but settling early may be better than risking a costly legal battleCourts are aware that disgruntled beneficiaries can needlessly place financial obligations on estates by making allegations of undue influence. Photo by beeboys - stock.adobe.comWe independently select everything we recommend. Buying through us may earn us a commission, which supports our work.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.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLYSubscribe now to read the latest news in your city and across Canada.Exclusive articles from Barbara Shecter, Joe O'Connor, Gabriel Friedman, and others.Daily content from Financial Times, the world's leading global business publication.Unlimited online access to read articles from Financial Post, National Post and 15 news sites across Canada with one account.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles, including the New York Times Crossword.SUBSCRIBE TO UNLOCK MORE ARTICLESSubscribe now to read the latest news in your city and across Canada.Exclusive articles from Barbara Shecter, Joe O'Connor, Gabriel Friedman and others.Daily content from Financial Times, the world's leading global business publication.Unlimited online access to read articles from Financial Post, National Post and 15 news sites across Canada with one account.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles, including the New York Times Crossword.REGISTER / SIGN IN TO UNLOCK MORE ARTICLESCreate an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountThis advertisement has not loaded yet, but your article continues below.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.Get the latest headlines, breaking news and columns.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of Top Stories will soon be in your inbox.We encountered an issue signing you up. Please try againYour 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.This advertisement has not loaded yet, but your article continues below.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.This advertisement has not loaded yet.This advertisement has not loaded yet, but your article continues below.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.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.Notice for the Postmedia NetworkThis website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. 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