HALIBURTON ESTATE LITIGATORS REPRESENTING CLIENTS IN WILL CHALLENGES

A person who believes they have a financial interest in an estate can begin proceedings to contest or dispute a will in Ontario.

Challenges to a will may occur when individuals believe they were excluded from the will of a family member, friend, or loved one without cause or when there are other grounds to contest the content of the will.

Seeking guidance from an estates lawyer before beginning a will challenge can be highly beneficial as this process is extremely technical and complex.

At Derfel Estate Law, our team of experienced estates lawyers specialize in representing clients in various types of estate litigation matters, including will challenges. We are committed to providing personalized solutions for each client that achieve their desired outcomes.

Three Grounds to Challenge a Will

In Ontario, there are three ways in which a will can be challenged:

• Formal requirements not met
• Lack of testamentary or mental capacity
• Undue influence.

The person seeking to challenge, contest, or oppose the will has the onus (i.e. responsibility) of proving that one or more of these factors exist and must provide sufficient evidence to back up their position.

Formal Requirements Not Met

A will can be challenged on the basis that some of the formal requirements necessary for a will to be valid are missing.

Contesting a will on the basis of defects in formality requires the person making the challenge to establish the existence of problems with the will itself. Formal defects can include lack of a witness, lack of a signature, absence of an original copy of the will, and similar.

Lack of Testamentary Capacity

A will can be contested on the basis that the testator (i.e. person making the will) lacked sufficient testamentary capacity at the time the will was made and did not understand or know what they were doing.

In order for a will to be valid, the testator must be of sound testamentary capacity and be able to give clear instructions about their wishes, understand what they are instructing, and want their wishes to be carried out. The testator must also have knowledge and understanding of, among other things, their assets, what they wish to bequeath and the consequences of making a will.

Undue Influence

A will can be challenged on the basis of undue influence, which involves establishing that the testator was forced or otherwise unduly persuaded to make a will that does not reflect their true wishes or intentions.

Contact the Haliburton Estate Lawyers at Derfel Estates Law for Guidance with Challenging or Contesting a Will

If you are considering filing an application to challenge a will, contact the estates lawyers at Derfel Estate Law before you proceed. We can help you determine whether you are eligible to bring such a claim, can help you understand your options and rights, and can represent you throughout the challenge process.

Call us at 705-457-1440 or contact us online to schedule a consultation.