In Ontario, the recognized legal grounds include:

• Lack of testamentary capacity

• Undue influence or coercion

• Improper execution (failure to follow legal formalities)

• Fraud or forgery

• Ambiguities or errors in the will

The most frequent disputes involve:

• Lack of capacity (the deceased did not understand what they were signing)

• Undue influence (pressured or manipulated into changing the will)

Undue influence occurs when someone manipulates or pressures the deceased into changing their will—often secretly, through dependency, intimidation, or control.

Proving undue influence is challenging because it usually occurs in private. Evidence may include:

• Testimony from witnesses

• Medical records showing vulnerability

• Financial records or sudden changes to the will

• Patterns of isolation or dependency

Strong evidence is required, which may include:

• The will and codicils

• Probate documents

• Estate accountings

• Medical records of the deceased

• Property and ownership records

• Executor correspondence

• Witness testimony

You can contest a will when there are legitimate concerns about its validity, fairness, or the conduct of those involved in its drafting or execution.

Success depends on the strength of your evidence, the grounds you rely on, and the court’s assessment of fairness and credibility.

Timelines vary depending on the type of claim. Generally, you have two years from when you knew or ought to have known about the issue. Some claims, such as dependant’s relief, must be filed within six months of probate

Typically, two years from the date you became aware of the issue. However, dependant’s relief claims must be filed within six months of probate being granted.

Most provinces, including Ontario, apply a two-year limitation period from the date of discovery.

Some claims have strict deadlines (e.g., six months after probate for dependant’s relief). It’s important to act early to avoid being time-barred

If you were financially dependent on the deceased and left without adequate support, you can apply to the court for relief. This requires filing the proper documents within six months of probate.

• The will and codicils

• Probate documents

• Estate financial records

• Property titles and ownership records

• Medical and capacity assessments

• Trust agreements

• Communications with the executor

If the executor is hiding information, delaying the process, or mismanaging assets, you can apply to court for directions, compel disclosure, or even seek their removal.

An executor who ignores the will or mismanages assets may be in breach of fiduciary duty. Courts can order compliance or appoint a replacement.

If probate is not initiated, the estate cannot be legally administered. In that case, beneficiaries or interested parties may apply to the court to appoint a new estate trustee.

This is a serious breach of fiduciary duty. The court can remove the executor, compel repayment, and in some cases, pursue criminal consequences.

Yes. Courts may remove executors who mismanage the estate, delay distribution, act dishonestly, or fail to follow their duties.

Yes. Interested parties can apply to the court to replace an executor if there is evidence of misconduct or inability to act.

Executors cannot be casually replaced, but courts can intervene where there is cause, such as misconduct, incapacity, or refusal to act.

Yes, in certain cases. If the estate property must be sold or distributed, beneficiaries may be required to vacate—even if they lived there before the death.

It begins with document review and attempts at negotiation or mediation. If unresolved, it may progress to formal court applications, hearings, or trial.

Costs vary depending on complexity, but we provide clear estimates and discuss cost-saving options. Some matters may allow costs to be paid from the estate.