Will Disputes

Will disputes typically arise from the following issues:

Undue Influence - Claims that someone pressured or manipulated the testator to change their will.

Lack of Capacity - Allegations that the testator was not mentally capable of making a valid will.

Improper Execution - The will was not signed or witnessed in accordance with legal requirements.

Omissions or Unequal Treatment - Disputes by family members who were excluded or received less than expected.

Multiple or Conflicting Wills - Confusion over which version of the will is legally valid.

Will disputes in Ontario are governed by the Succession Law Reform Act and common law principles. Key considerations include:

Testamentary Capacity - The testator must understand the nature and consequences of making a will.

Freedom of Disposition - While individuals have the right to leave their assets as they wish, legal limits exist for dependants.

Dependent Support Claims - Certain dependants can challenge a will if they were not adequately provided for.

Court Procedure - Contested will cases are typically handled through estate litigation in the Superior Court of Justice.

Limitation Periods - Timely action is essential—delays can bar claims entirely.

Will disputes are often emotionally and legally complex. Common challenges include:

Family Tension - Litigation can deepen divisions between surviving family members.

Evidence Gathering - Proving capacity or influence often relies on historical medical or personal records.

Multiple Beneficiaries - Coordinating among parties with competing interests can complicate resolution.

Executor Conflict - Executors may be accused of bias or mismanagement during the dispute process.

Estate Depletion - Prolonged litigation can reduce the value of the estate available to beneficiaries.

At ME Law, we represent clients in both challenging and defending wills. Our services include:

Initial Case Assessment - Evaluating the legal merit and evidentiary strength of your claim or defence.

Litigation Representation - Guiding you through court proceedings and advocating for your position.

Alternative Dispute Resolution - Resolving conflicts through mediation or negotiation where possible.

Executor Support - Advising executors on how to manage disputes and fulfill their legal duties.

Settlement Structuring - Ensuring any agreement reached protects your rights and is legally enforceable.

Will disputes require experienced legal guidance to protect your interests and navigate sensitive family dynamics. Contact ME Law today to speak with a litigation lawyer who can help you move forward with clarity and strength.