Claim to Grandfathers will from 1930?

[Rightfulwish]

Hi
Recently my mother and I started looking into a piece of land of my dad's homestead that she wondered about being rightfully ours. my dad died in 1983 and his will left all to mum. anyway this land is just something we were curious about.
however, while researching the land, we found my dad's father's will from 1930. it clearly stated that although he left everything to my grandmother, his wife, he wished for my dad to inherit the house if my dad outlived his mother.
But in 1948, my dad had moved away and my dad's younger sister was living with their widowed mother. my grandfather died in 1935. and my dad's younger sister felt she was entitled to the house since she was looking after their mother. so she had my dad sign a handwritten note stating he would not lay a claim to the house. then his mother made a will saying she left everything to her daughter, my dad's sister.
well now dad's sister has died and her kids have taken over the house and property as they feel is their right. but based on my grandfather's will wishing my dad to have the house, doesn't that make it legally ours?
there is no trace of the handwritten note on record anywhere.
before i pursue this further i would like to know if i stand a chance of reclaiming dad's home.
thanks

 

[OHRoadwarrior]

So even though you know dad signed away rights to ownership, you want to rely on records not being kept and try to steal property correct?

 

[Proserpina]

So even though you know dad signed away rights to ownership, you want to rely on records not being kept and try to steal property correct?

Something tells me this OP is not based in the US...

 

[Rightfulwish]

well i don't look at it like stealing, that was kind of harsh. the fact is my dad's sister's son's girlfriend is trying to claim it since she lived there with them and they are both dead now. the whole family is annoyed that this nothing girlfriend who fed my alcoholic cousin booze to speed up his liver failure, is now staking claim. this is not so much theft as it is trying to retain the family home and then give it to whichever family member is most in need. i have my own house but if one of the grandkids or nieces or nephews on welfare with kids could benefit from their ancestral home, that would be better.
so does anyone know if i have any chance of staking a claim to this? oh and my dad signed away his rights because he had a slight mental disability that his sister took advantage of and coerced him to sign with lots of booze and manipulation. my mother was very upset with him and when he died they wanted her to sign a new and legal form since no one can even locate the original handwritten one but my mother said no.
we are in rural canada.
hope someone can advise and not be rude.

 

[anteater]

Even in rural Canada, I suspect that the salient parts would be:

it clearly stated that although he left everything to my grandmother, his wife,

and

then his mother made a will saying she left everything to her daughter, my dad's sister.

But this is a US only forum and you can certainly run this by a Canadian attorney.

 

[Rightfulwish]

his will stated he leaves his home and estate to his wife but should his son outlive his wife, then he wishes the house go to his son.
so wouldn't that override him leaving it to his wife since his son did indeed outlive his wife?

 

[anteater]

his will stated he leaves his home and estate to his wife but should his son outlive his wife, then he wishes the house go to his son.
so wouldn't that override him leaving it to his wife since his son did indeed outlive his wife?

Not any place in the US that I know of. If you devise property to someone in the will, it becomes that person's property and they can dispose of it as they wish. You don't get to play the "I leave AAA this, but, when AAA dies, I want it to go ZZZ" card.

In the US, if he had wanted that outcome, his will could have granted a life estate to his wife with a remainder interest to your Dad. Or established a trust.

 

[Rightfulwish]

Maybe they didn't know about those kinds of clauses in the 1930s? But in any case, it obviously was valid enough for them to get my dad to sign their paper to state he gave up all claim to the home. and if that paper cannot be found, i just wonder if this is worth pursuing...?

 

[Zigner]

Maybe they didn't know about those kinds of clauses in the 1930s? But in any case, it obviously was valid enough for them to get my dad to sign their paper to state he gave up all claim to the home. and if that paper cannot be found, i just wonder if this is worth pursuing...?

US Law Only!
And, as was said, in the US one doesn't get to keep giving instructions on down the line. If he had wanted that, he would have used a life estate. And, yes, those things were known about even in the '30's.

 

[Proserpina]

Good grief, are we still here?!

OP - you need to talk to an attorney in CANADA.

Not talk to a US-based legal forum.

 

[anteater]

Good grief, are we still here?

Yes, yes... I plead guilty to indulging our friend from the True North.

O Canada! Terre de nos aïeux,
Ton front est ceint de fleurons glorieux!
Car ton bras sait porter l’épée,
Il sait porter la croix!
Ton histoire est une épopée
Des plus brillants exploits.
Et ta valeur, de foi trempée,
Protégera nos foyers et nos droits,
Protégera nos foyers et nos droits.

Sous l’oeil de Dieu, près du fleuve géant,
Le Canadien grandit en espérant.
Il est né d’une race fière,
Béni fut son berceau.
Le ciel a marqué sa carrière
Dans ce monde nouveau.
Toujours guidé par sa lumière,

 

[nextwife]

I don't understand why the concept is so difficult, that if one wills an asset directly to someone else, the estate that willed it has no further control over that asset once the estate has transferred it after death!