Q: Sorry. I should have been more clear; my father died a few months ago and I don't think he had a will. His heirs are
his son by his common-law wife (as far as anyone knows he did not marry her) of 30 years, my half brother, myself and my two sisters from his previous marriage to our mother. All of his children are well over 21 years of age. He owned two properties, the home he and his common-law wife and grown son lived in and a duplex that he acquired as a result of the divorce from my mother. If he did not have a will, who would inherit his properties? If he DID have any kind of will of any sort are his "partner" and my half-brother obligated by law to give us a copy of it? Let me be clear, my intention is not to have to be in court fighting over any of this - it's just that my dad and I were fairly close and it seems "odd" (though not impossible) that he would make no provisions what-so-ever for my sisters and I in his will, IF he had one.
A:
Under the laws of intestate succession (died without a will), for an unmarried decedent the heirs are his biological children. Step-children do not count.
If you want to change the distribution from intestate succession, then you must create a valid will. If you are a beneficiary of a will, then you are entitled to a copy of it. If there is a will, the person holding the original will must lodge it with the probate court within 30 days of death.
The only way to transfer property from the decedent is through a legal proceeding in probate court. That is unavoidable. It doesn't have to be a fight, but the court has to be the one that orders the distribution of the estate to the heirs.
What to do next? Initiate a probate action as if your father didn't have a will. You will have to notify all potential beneficiaries: his children, the partner, the half-brother, or anyone else. If they have a will, then they will have to lodge it with the court. If he didn't have a will, then the laws of intestate succession will apply.
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