My biological father is on none of the official government papers. Not on my birth certificate.

But he's my biological father and I've seen him a couple of weeks every year during about my first 20 years of life, then we got into our own lives without more interest in keeping a relationship.

His parents passed away and his siblings passed away. He most likely doesn't have a spouse.

What if he dies without a will? He doesn't have any legal inheritors. I'm understanding that his belongings would go to the register of unclaimed property, and I believe it can stay unclaimed for up to 10 years.

Should I just monitor that register every year just in case? And if he passes away without inheritors, then I could claim them? And to claim them, I guess my only proof would be to make sure I still have photos of him and me (I believe my mother has some)?

In what Province or Country does he reside? Are there any linkages to other jurisdictions ?

 

Quebec only

 

And to claim them, I guess my only proof would be to make sure I still have photos of him and me (I believe my mother has some)?

I would gather the biggest thing is to prove he is your biological father and I don't think photos would do that.

 

This is a question for an estate lawyer, and I don't know if any CMF member is one of those. I have no idea how one might 'monitor' the system in event of his eventual passing, but I agree with post #6 that one would have to prove a biological relationship, e.g. via DNA matching through 23andMe, etc, etc.

 

Yeah I'm curious how much of an absolute proof they'd need when there's no inheritors and when:

I have pictures with him since I'm a baby up to a young adult, my mother can testify, I have birthday cards from him and Christmas cards from him, I am named on his mother's, his father's and his brother's death notice, and there's certainly other types of proofs I could gather.

For DNA test, you need the DNA to be well preserved, so if I notice his death only a couple of years later, the only hope would be a molar tooth or something like that...

This isn't like a criminal case where they need proof beyond reasonable doubt. In this case, they need a good assessment on the likelihood that I'm his son.

The simple fact that I'm named in three different death notices might even be enough.

 

Unrelated to your inheritance question, I would reach out to him while you still can. It might be nice to catch him up with what you’re doing, let him know he has grandchildren, etc.

 

Yeah, my wife hasn't seen him ever and we've been nearly 10 years together. She wanted to meet him at least once, but nah, I only went to his parents funerals about a decade ago, and I couldn't go to his brother's funeral and I had no interest in going anyways, and my kids already got a grandfather on my mother's side which is her 35-year-long partner who raised me good, so I'm good with that.

In the past, I've also been 5+ years without seeing my mother. Actually, when my wife met me, I wasn't seeing any family.

I'm not like those who believe that family is above everything. I prefer strong relationships with friends, as you can pick them and choose wisely.

I started seeing my mother again because there was clear interest from her and at some point I could forgive her, but also mainly because I wanted to see my stepfather (her partner).

Whereas, as for my biological father, well... He wasn't a good partner, he wasn't a good father, he wasn't a good man with regards to women, and he hasn't shown any interest in the relationship, and I have absolutely no interest either, so he's as good as a stranger to me. Well, worst than a stranger actually, because I know his personality, and it's bad.

 

In Ontario the father would be added to the birth certificate, amicably through joint application by the mother/father. Or unilaterally by application to the court, likely requiring DNA testing. (To be clear I am referring to a record of birth that takes place in Ontario.)

 

Yeah, the unilateral application is what my mother didn't do, as she didn't want to engage in all the court process as a single mother of a newborn living on minimum wage.

She should've to get the money, but she didn't want to go through that court fight. And we know that these court fight processes are exhausting physically, mentally and emotionally. She needed that energy to be focused on her newborn.

So she let it go and instead bet on her ability to find a good partner, which she did, luckily.

She managed to get some financial help by my biological father but nowhere, nowhere, nowhere near what he would've paid had he been declared the father.

 

Do you think his estate would be large enough to be worth chasing?

 

He retired at 48 after 25 years working for the federal for the correctional service. He's certainly spending every single penny he has and that's ok, that's him enjoying his life to the fullest, but he's good with money. I would expect him to plan on having some funds left for his old years. He retired owning a big house, on a generous federal pension, and right when the market went on a crazy bull run since the GFC.

Not that I want nor need his money, but if it ends up being unclaimed, then for sure I'd take it. I would see this as a payback for the financial help my mother didn't get.

 

All that being said, the most probable outcome of this situation is he'll be with a sugar baby and might have written a will to give her everything, lol.

Or maybe that sugar baby will find out she wasn't on his will, it was only me and she'll be pissed, lol.

Anyways, there might be another 15-20 years before I find out, so a lot of things can happen.

I was simply curious about this situation of undocumented father.

 

He might have left it to charity or a pet or a friend with benefits

 

It's an interesting question, but I don't know why you would presume that he doesn't have a will just because he chose not to be involved with his prior wife and child decades ago... I don't know how you would figure out that he doesn't have a will, which is very likely he does, nor figure out how to claim any assets if he actually didn't have a will.

 

It's a what-if scenario out of curiosity. I believe he has a will, but better assume not. That's a life lesson to me: don't assume anything.

And a reason why he might not have a will is when having no dependents. I myself couldn't care less what happens to me once I'm dead, I only care about what happens to my dependents and that's the purpose of a will. But he has no dependent and no family.

Well, another reason to have a will is when you have lots of assets which would be donated to charity. And obviously to younger friends.

His brother probably didn't have a will when he died at 65, but it'd be unfair to compare him to his brother...

 

May not be so likely.... AI says:

While specific numbers for just "boomers" fluctuate depending on the survey and methodology, data from 2023 suggests that around 25% to 50% of Canadians aged 55 and older (a common proxy for boomers) do not have a will. A 2023 RBC Wealth Management report found that 53% of Canadians aged 55 and older have appointed a Power of Attorney (POA), and another 2023 Angus Reid Institute report indicated that 49% of Canadians aged 55 to 64 had an up-to-date will.

Wills prepared by a law firm or notary will almost, by default, be registered with the province in which they were prepared and/or with the Canada Wills Registry. In at least some cases, this registry can be searched for the presence of a Will, but not usually its contents. Wills prepared by individuals, e.g. online et al, are not likely to be registered unless the individual makes an effort to do so.

It varies by province in terms of allocation of assets to family members from estates of those dying intestate (no Will). The challenge of an dying intestate is who is going to apply to the court for an appointment of an Administrator and then the amount of due diligence that will then be undertaken (or not taken depending on self-interest of the Administrator) to 'find' family members.

 

Only 2 provinces have a will registry as far as I know - BC and Quebec. In Quebec, you must have a death cert or a medical assessment showing incapacity in order to search for a will..

 

As part of the Probate process in BC ten years ago I had to go online and search the BC will registry to determine if a will had been filed. It had not. But I do not remember needing a death certificate or attaching any document to the on line request. I filled out the request form, provided my credit card number, and that was it. Perhaps they rec'd the death info as a matter of course.

 

<OT> BC's will registry is Wills Registry

It is also my understanding that many? all? some? legal firms will register on the Canada Wills Registry Canada Will Registry Individuals probably no nothing about this.

That all said, anything that is not mandatory will have gaping holes. </OT>

 

I believe that this is someting very specific that requires knowledge of Quebec civil law (vs common law in the rest of Canada) as well as knowledge in it's application.

My niece just went through a similar process in Quebec over the death of a relative.