Succession laws can get messy sometimes in Canada due to differences in the laws according to the province you reside.
Many lawyers in Canada specialize in succession laws. If you are in doubt, you can seek help from any one of them. For instance, you can consult an avocat succession Litvack Dessureault LLP lawyer to help you know more about succession and inheritance.
How does succession law work in Canada?
A person can make arrangements to draft a will that says which dependent gets what share of the person’s assets after death. So, there is no scope for an automatic equal division of property amongst children after the death of a parent.
You have testamentary freedom to decide which child will get a higher share and which one will not get any share from your assets. The dependents have no scope to challenge a will simply because they are left out of it.
Who are dependents of a person, and what happens to them after the person’s death?
Dependents usually include the spouse and children of a person. These people are indirectly dependent on the person for financial and emotional support.
In normal cases, a person will include dependents as the primary beneficiaries in the final will. But, if there is no will, then as per the laws of the province, things will move forward.
For instance, in some provinces, the government will make a list of dependents in hierarchical order, and they will receive a share of the deceased person’s assets accordingly.
What about property and succession disputes?
If there is a lack of clarity regarding the final will or if any close relative is upset with it, the chances of succession disputes are quite high.
These disputes are time-consuming and costly as they will get dragged in court until proven with evidence. The most common ground for challenging a will is by arguing that the will is invalid. By taking the matters to court and litigation, the succession dispute will go unresolved for a long time.
If you think you are unfairly treated in a succession agreement, you have every right to challenge it under reasonable grounds.
But, ensure that your grounds for litigating against the will are fair and provable with evidence. If you have made up your mind about challenging the will, the next best step is to consult an experienced attorney. So, clear all your confusion and try to get justice by asking for your fair share of the inheritance.