Anyone who believes that they have a financial interest in an estate can file to contest or challenge a will.
Wills can be challenged by individuals who believe that they should have named in the will of a family member, friend, or other loved one, but have not been, or by individual who otherwise wish to challenge the contents of a will on a variety of grounds.
Before proceeding with a will challenge, it is important to first consult with an estates lawyer. Contesting a will is a highly technical process and can be difficult.
At Derfel Estate Law, we regularly represent clients in all types of estate litigation, including in will challenges. We pride ourselves on providing our clients with personalized and transparent services. We take the time to thoroughly understand your specific concerns and desired outcome, will craft an appropriate strategy with the goal of achieving that result.
In Ontario, there are three ways in which a will can be challenged:
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.
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.
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 and what they wish to bequeath and the consequences of making a will.
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.
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 416-847-3580 or contact us online to schedule a consultation.
Contact Derfel Estate Law today to speak with a Toronto estate lawyer who will work tirelessly to achieve the best possible resolution to your will, estate, power of attorney, or trusts dispute.
Call us at 416-847-3580 or contact us using the form.
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