Will Challenges in Ontario

Are you a beneficiary who believes that a will does not reflect the deceased person’s true intentions? Were you unexpectedly excluded from a will, treated differently from what the deceased had promised, or presented with a will signed when the deceased may have been vulnerable, unwell, or dependent on another person? Or are you an estate trustee or beneficiary defending a will against a challenge? Contesting a will — or defending one — can delay the administration of an estate, increase costs, and place inheritances and family relationships at risk.

Grounds for contesting a will in Ontario

Whether a will is valid may depend on whether the deceased had testamentary capacity, understood and approved its contents, signed it in accordance with Ontario law, and acted freely without undue influence, coercion, fraud, or forgery.

A challenge may also involve:

• suspicious circumstances surrounding the preparation or signing of the will
• competing wills
• the revocation or revival of an earlier will
• a lost or destroyed will
• language requiring interpretation or rectification

Evidence and procedure

The available procedure and evidence will depend on the nature of the challenge, and medical records, drafting-solicitor records, witness evidence, correspondence, and evidence concerning the deceased’s relationships and circumstances may be important.

How Zel Law can help

If you are considering challenging a will or responding to a will challenge, speaking with an estate litigation lawyer early can help you assess the grounds for the challenge, the available evidence, and the most appropriate procedure for advancing or defending the case. Zel Law’s litigation lawyer has experience with will challenges involving testamentary capacity, undue influence, suspicious circumstances, and the validity and interpretation of wills. Book a consultation to discuss:

• the will
• prior wills
• medical information
• correspondence
• family circumstances
• the legal options that may apply

Related disputes

This is part of Zel Law’s estate litigation practice in Ontario. For how fees work, see our flat-fee options.

• Dependant Support Claims
• Probate Disputes
• Power of Attorney Disputes