Contesting a Will in Ontario: Who Can Do It and How?

In Ontario, the death of a loved one can unfortunately lead to disputes over their estate—especially if someone feels they were treated unfairly in the will. Contesting a will is the legal process of challenging its validity or fairness, and while not every disagreement results in litigation, many families find themselves in court over inheritance concerns.
If you believe a will is invalid or you were wrongfully excluded, it's important to understand who can contest a will in Ontario, on what grounds, and how the legal process works.

1. Who Can Contest a Will in Ontario?

Not everyone can challenge a will. In Ontario, those with legal standing to contest a will typically include:

• Spouses (married or common law)- Spouses may have a claim under the Family Law Act or dependent support if they were not properly provided for.
• Children or Dependants- If the deceased had a legal obligation to support them and failed to do so in their will, they may file a dependant’s relief claim under the Succession Law Reform Act.
• Individuals named in a previous will-If you were a beneficiary under a prior will and were removed or your share reduced, you may have grounds to challenge the new will’s validity.
• Creditors or those with a financial interest-Those owed money by the estate or with a financial stake in the outcome may also have standing in some cases.

2. Grounds for Contesting a Will

Challenging a will is not just about disliking its contents. You need legal grounds to contest it. The most common reasons include:

• Lack of Testamentary Capacity -You can argue the testator (the person who made the will) did not understand what they were doing at the time of signing the will due to dementia, illness, or cognitive impairment.

• Undue Influence- If the testator was pressured or manipulated by someone else to change the will in their favour, this may render the will invalid.

• Lack of Proper Execution- A will must meet strict requirements under the Succession Law Reform Act—it must be in writing, signed at the end by the testator, and witnessed by two people (who are not beneficiaries).

• Fraud or Forgery- If there’s reason to believe the will is fake or parts of it were forged, it can be challenged in court.

• Dependent’s Support Claim- Even if the will is valid, it can be challenged if it fails to provide adequate financial support to a dependent.

3. How the Process Works

• 📝 Step 1: Consult an Estate Litigation Lawyer Contesting a will involves legal and procedural complexity. Start by speaking with a lawyer who specializes in estate disputes.

• 🧾 Step 2: File a Notice of Objection If probate has not yet been granted, you can file a Notice of Objection with the Ontario Superior Court of Justice, which prevents the estate from moving forward until the matter is resolved.

• ⚖️ Step 3: Commence a Court Application You may need to file a court application or a dependent support claim, depending on the type of dispute.

• 📚 Step 4: Gather Evidence This may include medical records, prior wills, letters, emails, witness testimony, or evidence of influence.

• 🤝 Step 5: Mediation or Trial Many estate disputes are resolved through mediation. If not, the case proceeds to court for a judge to decide.

4. Time Limits for Contesting a Will

⏳ In Ontario, there are strict limitation periods, depending on the type of claim:

• Dependent support claims: Must be brought within 6 months of probate being granted.
• Objection to probate: Ideally done before the Certificate of Appointment of Estate Trustee is issued.
• Fraud or forgery claims: Can be longer but should be pursued as early as possible.

Failing to act quickly can mean losing the right to challenge the will.

Final Thoughts

Contesting a will is an emotionally and legally complex process. But in cases of unfair treatment, fraud, or coercion, legal action may be the only way to ensure the estate is administered properly.

📌 If you believe a will is invalid or unjust, consult an estate litigation lawyer immediately to understand your rights and next steps.

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