WHITBY ESTATE LITIGATORS PROVIDING REPRESENTATION TO CLIENTS INVOLVED IN WILL CHALLENGES
Individuals who think they have a financial stake in an estate can initiate the process to contest or challenge a will in Ontario.
Will challenges may arise when individuals feel they should have been included in the will of a family member, friend, or loved one but were not. Alternatively, individuals may seek to challenge the contents of a will on various grounds.
Prior to pursuing a will challenge, it is crucial to seek guidance from an estates lawyer. Contesting a will involves a highly technical and challenging process.
At Derfel Estate Law, we specialize in representing clients in various types of estate litigation, including will challenges. Our commitment lies in delivering personalized and transparent services to each client. We take the time to understand your concerns and desired outcomes and create a strategy to achieve those results.
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.
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 Whitby 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 289-638-3171 or contact us online to schedule a consultation.