Contesting a Will in Ontario

people going through legal documents

It can be emotionally draining to be unfairly left out of a will. Even if most people think it won’t happen to them, sometimes the contents of a will can throw the survivors in a loop. People who know they should be included in a will are surprisingly excluded from it. In such a case, it’s essential that you contest the will for your rights.

There are many ways you can contest or challenge the validity of a will. This means applying to a court to deem the will invalid.

Here’s everything you need to know about contesting a will before reaching out to our lawyers in Mississauga.

Who Can Challenge a Will In Ontario?

Every province in Canada has its own laws and approaches when it comes to challenging wills. As a result, the criteria for challenging wills can vary from province to province.

In Ontario, a person can challenge a will if they have a credible financial interest. Spouses and dependents are allowed to contest a will, especially if they were financially dependent on the deceased. Similarly, you can challenge a will if the deceased had a legal or moral obligation to support you.

How Can You Challenge The Validity of a Will?

In Ontario, courts have no obligation to set aside a will simply because the parties involved aren’t happy with it. You can’t challenge a will because they don’t involve the children of the deceased or leave out family members from inheritance.

According to the laws in Ontario, a validly made will has to be enforced, and if wills aren’t validly made, they can be set aside. You could be entitled to inherit under an intestacy if the will was found invalid.

Common Grounds To Challenge The Validity Of a Will

Several grounds can enable you to challenge a will in Ontario. Although each case varies, these grounds are valid enough to contest a will.

Undue Influence  

You can challenge the circumstances of writing the will if it has a dramatic change from previous intentions or the will of the deceased.

Lack of Capacity To Make a Will

You’re allowed to contest a will if the testator didn’t have the mental capacity to know what they were doing.

Lacks Formal Compliances

It’s your right to contest the validity of a will if it wasn’t signed or witnessed properly according to the law.

a person going through will documentsFraud

It’s possible to contest a will if you believe documents and signatures were falsified and forged.

No Provision for Dependants

In all of Canada, laws are set in place to assure the rights of dependants. In this way, you can challenge a will if you believe you were left out unfairly.

Unclear Language

If the language and interpretation of the will are unclear, you’re liable to challenge its validity in court.

Do you want to hire an experienced lawyer in Mississauga to help you plan will? Then consider Nanda & Associate Lawyers.

Our team of skilled legal professionals can help you with wills, trusts, and estate planning. We also deal with family and immigration law and can help with spouse sponsorships, immigration appeals.

Get in touch with us today to know more.

 

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.

Leave a comment

You must be logged in to post a comment.