What Are Valid Grounds For Challenging a Will In Ontario
Challenging a will if you are unhappy with how a loved one's estate was handled is a common occurrence. Many people believe that only homemade wills can be challenged, while wills prepared by lawyers are ironclad. That is not true. Any will can be challenged in Ontario if you have the right reasons. As estate litigators, we are well versed in the legal reasons you may or may not be able to contest a will and your rights throughout the process. To help steer you in the right direction as to whether to contest a will, these are a few of the things you should consider before you go down this path.
First Things First: Basic Terms You Should Know About Challenging a Will
When dealing with wills and estates, you will hear certain terms thrown around. A will is a document that outlines who gets what after someone dies and names someone (called an executor) to handle everything. The "estate" means everything the person owned when they died - their money, house, possessions, and any debts. Sometimes you might hear about a "trust," which is a special arrangement where money or property is managed by one person to benefit someone else, often a minor.
Who Can Challenge a Will?
Not just anyone can challenge a will in Ontario. You need to have a financial stake in the situation. This usually means you are a spouse, a child who depended on the deceased person for support, or someone who was promised something in an earlier version of the will. If the person who died was supporting you financially, you might also have the right to challenge their will.
7 Valid Reasons for Challenging a Will
1. There Are Mistakes in the Will
This often happens with do-it-yourself will kits. Maybe names are spelled wrong, or instructions are not clear. Sometimes important parts are missing altogether. These kinds of mistakes can make parts of the will, or sometimes the whole thing, invalid.
2. Someone Committed Fraud
This covers any dishonesty involved with the will. Maybe someone forged a signature, changed pages after the will was signed, or lied to the person to get them to change their will. If there is any evidence of dishonesty, the will might be thrown out.
3. The Person Wasn't Mentally Capable
This is one of the most common reasons for challenging a will. When someone makes a will, they need to be "of sound mind." This means they must understand that they are making a will, know what they own, and be able to make reasonable decisions about who should get what. If someone waited until they were very sick or confused to make their will, it might be successfully challenged.
4. Someone Pressured or Manipulated Them
This is called "undue influence." It happens when someone pressures or manipulates the person making the will. While it is okay to ask someone to remember you in their will, too much pressure or manipulation is not allowed, especially if the person was vulnerable.
5. There Is No Provision For Dependent Or Disabled Family
In Ontario, your will may be challenged if you cut out your spouse or children who are disabled or dependent on you. The law recognizes that people have a responsibility to provide for the dependents in their family, even after they are gone.
6. Something in the Will is Against the Law
While you have a lot of freedom in deciding who gets what, some things are not allowed. For example, you cannot leave money to support illegal activities. If a will includes anything that breaks the law or goes against public policy, those parts can be challenged.
7. The Will Doesn’t Comply With The Succession Law Reform Act
If a will in Ontario does not follow the rules set out in the Succession Law Reform Act, someone can challenge it in court. This might happen if the will was not properly signed or witnessed according to the law.
How Does Challenging a Will Work?
To challenge a will, you can file a Notice of Objection, which informs the court and involved parties about your challenge, your reasons, and your connection to the case. However, this is not always the first step—it actually comes after someone has filed an application for a Certificate of Appointment of Estate Trustee, which is not always done in every estate case.
You will need evidence to support your challenge. This might include medical records (if you are saying the person was not mentally capable), statements from people who witnessed concerning behavior, or copies of previous wills. Remember, you are the one who needs to prove something was wrong - the court starts by assuming the will is valid.
What Does It Cost To Challenge a Will
Let's be upfront about money: challenging a will can be expensive. Legal fees add up, and if you lose, you might have to pay some of the other side's legal costs too. If the court thinks you challenged the will without a good reason, you could end up paying even more. That is why it is important to talk to an estate litigation lawyer before moving forward with anything.
Why You Need a Lawyer To Contest a Will
Challenging a will isn't a DIY project. There are complicated legal rules to follow and important deadlines you cannot miss. An experienced estate litigator can inform you if your challenge has a real chance of success before you spend time and money on it. They will know what evidence you need and how to present your case in the best possible light.
If you are thinking about challenging a will, your first step should be talking to a skilled estate lawyer. They can help you understand your rights and decide if moving forward makes sense for your situation.
Successfully challenging a will requires thorough evidence gathering, strategic legal analysis, and experienced understanding of procedural requirements, along with a deep knowledge of evolving case law. Given the complexity and potential costs involved, consulting an experienced estate litigation lawyer is essential before initiating a will challenge. A qualified legal professional can assess the merits of your case and guide you through this emotionally and legally challenging process.
Are You Preparing To Challenge A Will? Call Us For The Legal Advice You Need
When you are dealing with a will dispute, having the right legal advocates on your side makes all the difference. At Gionet Fairley Wood LLP, our estate litigation lawyers understand that challenging a will is not just about legal documents - it's about your family, your rights, and often your financial security.
Our lawyers will explain your options in clear, straightforward terms and give you an honest assessment of your case's strength then will work with you to develop the most effective legal strategy for your situation. If you are considering challenging a will, contact Gionet Fairley Wood LLP for a consultation. We have over 20 years of experience handling estate litigation and will challenges in the Barrie, Grey, and Simcoe County area and assist you diligently throughout the process.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.