My friend has a will that was verbally told to my friend and a witness ( who wrote the dictated will). The man passed

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Customer: Hi my friend has a will that was verbally told to my friend and a witness ( who wrote the dictated will). The man passed away makin her executer to his estate and left the estate to her. Now he has passed on, she made all funeral arrangements paid all outstanding bills. The government has sent final funds to him c/o my friend. She wants to deposit the cheques and withdrawal the funds closing his CIBC account and depositing approximately 28k to her account. She has the death certificate and is being given a hard time by the bank manager. What can she do?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Ontario canada
JA: What documents or supporting evidence do you have?
Customer: Copy of hand written will signed by deceased herself and a witness
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Debra in 15 hours 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

Are you saying that there is a written will but your friend has not applied to probate it? Were there two witnesses?

Customer
She hasn't promoted it yet, there was a witness who hand wrote the deceased will that was dictated by the deceased. Also a friend who will be the executor as a witness as well. So 3 people in total.
Customer
Hi Debra. I am just helping a friend out. I will see her on the weekend and ask her if she wants to call you to talk.
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Debra, Expert

I don't take calls. I just work online.

If there are not two witnesses to the signature of the testator (who aren't mention in the will) then the Will may not stand in court. It may be that the judge will not allow your friend to probate the Will.

Without probate the bank may not allow her to remove the funds. They would have to be a very small amount of funds for them to even consider agreeing and it looks like they will not.

Your friend may need to retain an estate litigation lawyer unfortunately.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Here is a link to the site:

https://lsrs.lso.ca/lsrs/welcome

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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