Where There’s a Will, There’s a Way?

Where there’s a will, there’s a way.

This old proverb refers to being tenacious and not giving up when a situation seems daunting or challenging.

I almost gave up but was urged to press on as where there’s a will, there could be a way, I am told.  By a lawyer.

Allow me to share my experience in the hope that it will enlighten my readers. It sure was a surprise to me.

Well over a year ago, I was told that a son of a deceased friend of mine had died and specified myself and another woman as beneficiaries. A few dollars wouldn’t go amiss I am thinking as I could gift the windfall to my daughters.

Wishful thinking as a fortnight ago, I received a registered letter saying the will was invalid as the original will cannot be found. I have a copy of his will as does the other beneficiary so that shouldn’t be a problem, right? Wrong. If the original will cannot be found, the deceased was deemed to have died intestate. He may have changed his mind or destroyed the will.

I have known two friends over the years who have stated emphatically that they don’t need to draw up a will, as everything will automatically go to their only child. Wrong again.

To die intestate in British Columbia means that a person has died without a valid will. When someone dies intestate, their estate which includes everything they owned at the time of their death is distributed according to the rules set out in the Wills, Estates and Succession Act, rather than according to the person’s personal wishes. Once the government gets their paws on the estate, it only gets more complicated.

Do you have a will?

Do you know where your original will is?

Some keep it at the lawyer’s office who made the will. Some keep it in a bank safety deposit box. Others keep it at home in a file or a strongbox or the freezer.

I have my original will at my house and my daughters have copies, which I now know to be useless.

With all the wildfires burning, what would happen if my house burns down? Remember Lytton  and Los Angeles? What if my will is burnt or gets lost or misplaced? It is something for me to ponder moving forward.

Meanwhile, back to my friend’s son’s invalid will. I was advised that I could try to “cure the will”.

To “cure a will” means to correct a defect or deficiency in a will so that it becomes legally valid and enforceable. In other words, one has to address issues to convince a probate court that the will is valid. And for that we need a lawyer.

Easier said than done. I immediately contacted the lawyer who drew up my will. She doesn’t do this kind of work. I contacted another lawyer who asked to see the copy of the will. Sorry, can’t help you I was told. Called other lawyers. No response. Another one said they didn’t know what it meant to cure a will. Another said it would be an uphill battle. Others wanted a hefty retainer with no guarantee of success.

I almost gave up when I found an eager young lawyer who was willing to take on our case on a contingency basis. He doesn’t get paid unless he is successful. I have been reluctantly appointed executor so the fun begins.

Again, do you know where your original will is?

Where there’s a “will”, there’s a lawyer waiting to help you find a “way.”