Under What Circumstances Can a Will Be Contested?

If you're considering challenging a will in Ontario, you’ll need to understand the legal thresholds that trigger a valid probate dispute. Not all dissatisfaction with a will’s contents leads to a successful case—only certain probate dispute scenarios are recognized by the courts. Knowing when a will can be contested can save you both time and legal costs.

1. Lack of Mental Capacity

A common probate dispute arises when a testator (the person making the will) is believed to have lacked the mental capacity to understand what they were doing. This could be due to illness, cognitive decline, or medical conditions that impair judgment.

Courts will examine:

• Whether the testator understood the value of their estate
• If they knew who their beneficiaries were
• Whether they appreciated the consequences of their decisions

If any of these are in doubt, the will’s validity may be challenged.

2. Undue Influence

A will can be contested if someone exerted undue pressure on the testator. This is common when the testator is vulnerable—perhaps elderly, isolated, or reliant on a caregiver or close family member.

Courts will consider:

• The relationship between the influencer and the testator
• Any sudden or significant changes to the will
• The absence of independent legal advice

3. Improper Execution

Ontario law requires a will to follow specific formalities. If a will wasn’t:

• Signed by the testator
• Witnessed by two valid witnesses (who aren’t beneficiaries)
• Dated and clearly structured

— then it may be declared invalid. This kind of probate dispute often hinges on technical details and witness credibility.

4. Fraud, Forgery, or Suspicious Circumstances

If a will appears altered, forged, or created through deceit, it can be challenged. These claims are serious and must be supported with strong evidence—such as handwriting analysis, expert testimony, or inconsistencies in documents.

5. Failure to Provide for Dependents

Even if a will is valid, a dependent (such as a spouse or child) can challenge it under the Succession Law Reform Act if the testator failed to provide adequate financial support.

Key Takeaway

A probate dispute can arise under several legally recognized circumstances, including incapacity, coercion, or failure to follow the law. If you believe a will was created or changed under unfair or improper conditions, seek legal advice promptly. Timing and evidence are key to a successful challenge.

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