Will Challenges

Will challenges are often based on one or more of the following grounds:

Lack of Capacity - The testator did not understand the nature and consequences of the will when it was signed.

Undue Influence - The testator was pressured, manipulated, or coerced by someone in a position of power or trust.

Improper Execution - The will was not signed or witnessed according to Ontario’s legal requirements.

Forgery or Fraud - The will is a fake or contains information obtained through deceit.

Suspicious Circumstances - Unusual changes, secrecy, or involvement of a beneficiary in drafting the will raise red flags.

Ontario law provides a clear process for contesting the validity of a will under the Succession Law Reform Act and common law principles:

Burden of Proof - The challenger must present evidence that undermines the will’s validity, though some presumptions can shift the burden to others.

Testamentary Capacity - Courts will examine medical records, witness statements, and behaviour at the time of execution.

Timing - Will challenges must be brought promptly, especially before estate distribution begins.

Multiple Wills - Disputes often arise over which version of a will is legally valid.

Court Remedies - The court can revoke the will, reinstate a previous version, or divide the estate under intestacy rules.

Contesting a will can be complex and emotionally charged. Key challenges include:

Family Division - Will disputes often pit family members against each other, with long-term consequences.

Evidentiary Barriers - Proving capacity or influence requires access to personal records, witnesses, and professionals.

Delay and Cost - Litigation can slow down estate distribution and consume estate assets in legal fees.

Executor Resistance - Executors may actively oppose the challenge, adding complexity and conflict.

Emotional Stress - These disputes often reopen grief and unresolved family issues.

At ME Law, we support both individuals contesting a will and those defending its validity. Our services include:

Case Assessment - Reviewing the circumstances of the will and advising on the strength of your legal position.

Evidence Gathering - Coordinating medical, legal, and personal records to support or defend against a challenge.

Executor Support - Helping estate trustees respond to will challenges efficiently and lawfully.

Court Representation - Litigating on your behalf if the matter proceeds to a hearing or trial.

Settlement and Mediation - Resolving disputes through strategic negotiation whenever possible.

If you suspect a will is invalid—or need to protect one from challenge—ME Law is here to help. Contact us today for legal guidance tailored to your estate litigation concerns.