Estate Litigation:
Protecting Your Legacy,
Resolving Disputes

The most common legal grounds for contesting a will include lack of testamentary capacity, undue influence, improper execution, and fraud. Lack of capacity means the testator did not understand what they were doing at the time the will was signed — often due to dementia, illness, or cognitive impairment. Undue influence involves a situation where the testator was pressured or manipulated, typically by someone in a position of trust, such as a caregiver or family member. Improper execution refers to failures in meeting the legal requirements for making a valid will, such as not having two qualified witnesses. Fraud or forgery includes tampering with the will or misleading the testator. In all these cases, the court requires clear evidence and a strong legal foundation to move forward with the challenge. These are the most litigated and accepted reasons under Ontario estate law.

Successfully contesting a will requires gathering strong and persuasive evidence to support your claim. This often includes medical records that show the testator’s cognitive condition around the time the will was made, especially in cases involving alleged incapacity. Witness statements from caregivers, family, or professionals — such as lawyers or doctors — can also help establish whether the testator was unduly influenced or unable to make informed decisions. Prior versions of the will are important, particularly if the new will makes drastic changes that raise red flags. Financial records and communication logs (like emails or texts) can be useful in identifying manipulation or suspicious transactions. Additionally, the will itself and the Affidavit of Execution may reveal procedural errors or inconsistencies. The more comprehensive and objective your evidence, the higher your chances of convincing the court that the will is invalid or unfair.

In Ontario, there are several recognized legal grounds to contest a will. The most common is lack of testamentary capacity, which means the testator was not mentally competent at the time the will was created and could not fully understand its implications. Another major ground is undue influence, where the testator was pressured, manipulated, or coerced into changing their will — often by someone they trusted. Improper execution is another valid ground; this happens when the legal requirements of signing and witnessing the will are not followed properly under the Succession Law Reform Act. Additionally, fraud or forgery — where the will is falsified, or the testator was misled — can render the document invalid. A will may also be challenged through a dependant’s relief claim, where a spouse or child was not adequately provided for. Courts will only consider these challenges if they're supported by evidence and filed within the applicable legal timelines.

In Ontario, the statute of limitations for contesting a will varies depending on the type of legal claim. Generally, you have two years from the date you knew or ought to have known there was an issue with the will — such as fraud, undue influence, or lack of capacity. This two-year limitation applies under Ontario’s Limitations Act and is relevant for most estate litigation claims. However, if you're bringing a dependent support claim — for example, if a spouse or child has not been properly provided for — you must file the claim within six months of probate being granted. Failing to act within these timeframes may bar you from bringing any legal challenge, even if your claim is otherwise valid. In rare cases, courts may allow extensions, especially when there has been fraud or concealment, but the bar for such exceptions is high. Acting quickly and seeking legal advice early is essential if you intend to contest a will.

The chances of successfully contesting a will depend on several key factors: the strength of your legal grounds, the quality of your evidence, and whether you act within the limitation period. If you can clearly demonstrate undue influence, lack of capacity, fraud, or improper execution — and back it up with solid documentation and witness support — your likelihood of success increases. Courts are generally cautious about setting aside a will unless there's convincing proof that the document does not reflect the testator’s true intent. Many challenges settle out of court through negotiation or mediation, particularly when the dispute is between family members. Timing is also crucial; acting quickly after death or probate improves your standing. While not every case succeeds, those with clear legal merit and strong legal representation often lead to a favorable result — either through judgment or a negotiated settlement.

A will can be contested under specific legal circumstances that raise doubts about its validity or fairness. The most common include lack of testamentary capacity, meaning the testator didn’t fully understand the nature or consequences of the will when signing it. Another circumstance is undue influence, where someone used manipulation or pressure to influence the testator’s decisions. You can also challenge a will if there was fraud or forgery, such as a forged signature or fraudulent misrepresentation during the will’s drafting. Improper execution — such as failure to have the correct number of witnesses or not signing according to legal requirements — also provides valid grounds. Lastly, if a dependent such as a spouse or child has been unfairly excluded, a dependant’s relief claim may be filed. These claims are only valid when supported by clear evidence and brought within the legal time limits.

In Ontario, you typically have two years to contest a will from the date you knew or ought to have known there was a legal issue — such as undue influence or incapacity. However, if you are filing a dependent support claim (for example, as a spouse or child who was not adequately provided for), the law requires you to act within six months of probate being granted. These are hard deadlines, and missing them could permanently bar you from making a claim. In limited circumstances, the court may grant extensions, but only when there’s a strong justification, such as fraud or lack of notice. If probate has already been granted and you discover wrongdoing later, it’s critical to act immediately. The more time that passes, the more difficult it becomes to reverse distributions or preserve estate assets

Proving undue influence can be challenging because it usually happens behind closed doors. You don’t need direct evidence like a recording — courts will accept circumstantial evidence that creates suspicion and shows the testator may have been pressured. Key indicators include sudden or drastic changes in the will, exclusion of close family members, the testator’s dependence on a single individual, and a lack of independent legal advice. Witness statements, emails, and medical records may help build your case. In Ontario, once you show suspicious circumstances, the burden shifts to the person who benefited from the will to prove the testator acted freely. These cases are often resolved in mediation or court, and early legal intervention can make a significant difference in how the case is positioned.

If you’re worried that the executor is hiding information, delaying the process, or mismanaging estate assets, there are several steps you can take. First, make a formal written request for estate documents, including financial records, accountings, and a timeline for distribution. Executors are legally required to be transparent and to act in the best interests of all beneficiaries. If they fail to comply, you may ask the court to compel them to pass their accounts, or even request their removal. Serious misconduct — such as conflict of interest, dishonesty, or negligence — may justify their replacement. In the meantime, consult with an estate lawyer who can assess the situation and determine whether court intervention is necessary. Lack of trust isn’t enough on its own — you’ll need solid evidence of wrongdoing or non-compliance.

An executor who does not carry out the instructions in the will may be in breach of fiduciary duty, and legal action may be required to enforce compliance. Executors must administer the estate according to the deceased’s wishes and the law—they don’t have discretion to change the will’s terms. If they’re delaying distributions, mismanaging assets, or failing to communicate, you can demand formal financial disclosure and seek court assistance. Ontario courts may order the executor to comply, remove them, or appoint a replacement if the estate is at risk. You can also ask the court to impose deadlines, freeze estate accounts, or compel the executor to provide a detailed accounting. The law gives beneficiaries the right to hold executors accountable — but timing and documentation are key.

If an executor refuses to initiate probate, the estate cannot be legally administered, and beneficiaries may be left in limbo. This refusal is a failure to perform essential executor duties, which include submitting the will for probate so that the court can validate it and officially authorize estate administration. In such cases, interested parties can apply to the court to have the executor passed over or removed, and request that someone else be appointed — such as an alternate executor named in the will or a professional trustee. If no probate has occurred, the court can appoint an Estate Trustee with a Will to take over. Delay or refusal without justification can cause financial harm to the estate and should not be tolerated. Legal advice should be sought promptly to ensure the estate is not jeopardized by inaction.

If an executor is caught stealing from the estate, it’s considered a serious breach of fiduciary duty — and possibly criminal fraud. Beneficiaries should immediately consult a lawyer and request a passing of accounts, where the executor must present detailed financial records to the court. If theft or misappropriation is proven, the court can remove the executor, order repayment with interest, and even refer the matter to law enforcement. Executors can also be held personally liable for any losses they cause. In addition to civil action, criminal charges may be pursued in cases of large-scale or deliberate estate theft. Fast action is critical in these cases to preserve remaining assets and prevent further damage. This is one of the rare situations where a freeze on estate activity may be warranted.

Executors cannot be casually replaced once appointed, but Canadian wills and estate law does allow changes under certain circumstances. You can apply to the court to remove an executor if they are unfit, unwilling, or failing to perform their legal duties. Grounds for removal include incapacity, conflict of interest, undue delay, dishonesty, or mismanagement. A court application is required, and evidence must be provided to show that continued administration by the current executor would harm the estate. The court may then appoint a substitute, such as an alternate named in the will, a beneficiary, or a neutral estate trustee. If the current executor wishes to resign, they must do so formally through the court, and a replacement must be appointed before the estate can continue to be administered.

Yes, you can apply to the court to remove an executor if there’s sufficient cause. Courts will not remove an executor simply because they’re unpopular or slow—they require clear evidence of executor misconduct, conflict of interest, breach of duty, or inability to carry out responsibilities. You will need to file a court application and present documents showing mismanagement, delays, favoritism, or refusal to follow the will’s terms. If successful, the court may replace the executor with an alternate named in the will or appoint a neutral party to complete the estate administration. In some cases, courts may require the current executor to pass their accounts before removal, ensuring transparency. Removal is a serious remedy but can be essential to protect the estate and its beneficiaries.

Yes, in some cases, an executor can evict a beneficiary from estate property, but only if it’s legally justified and aligned with the terms of the will. If the will directs that the property must be sold, or if the beneficiary is occupying it without a legal right — such as a life interest or tenancy—then the executor may apply to the court for vacant possession. However, this must be done lawfully. Executors cannot act abusively or unilaterally; they may need a court order, especially if the beneficiary refuses to leave. If the beneficiary has rights under the will or qualifies as a dependent, their eviction may not be allowed. Courts weigh the interests of all parties involved and will often seek a balanced solution. Legal advice is critical before initiating any eviction-related action during estate administration.

In most provinces, including Ontario, the general limitations period for contesting a will is two years from the date you knew or ought to have known that grounds for challenge existed — such as undue influence, incapacity, or fraud. This is called a post-death contest, and the clock may start either from the testator’s death or from the grant of probate, depending on the type of claim. However, if you are filing a dependent support claim, the deadline is much shorter: just six months from the date of probate. Courts may allow late filings in rare cases involving fraud or concealment, but those exceptions are difficult to obtain. Acting promptly ensures you retain your right to challenge the will and helps preserve the estate before assets are distributed. Always consult an estate lawyer early to confirm your exact timeline.