What Are the Grounds to Contest a Will?

If you’re considering a will dispute, it’s important to know the specific legal grounds that courts in Ontario recognize. Not every will dispute will be successful—only those based on clear violations of legal standards, such as incapacity, undue influence, or improper execution, will move forward in court. Knowing what counts as a valid will dispute can help you determine whether your claim is worth pursuing.

1. Lack of Testamentary Capacity

A person making a will must be of sound mind. If the testator did not understand what they were doing at the time of signing—due to dementia, illness, or mental incapacity—the will can be challenged on this basis.

Evidence:

• Medical records
• Psychiatric evaluations
• Witness testimony from doctors, caregivers, or family members

2. Undue Influence

This occurs when someone uses pressure, manipulation, or dependency to persuade the testator to change their will in their favour. It often happens in situations involving isolation, illness, or power imbalances.

Evidence:

• Changes to the will that benefit one individual disproportionately
• Testator being dependent on or isolated by the influencer
• Absence of legal counsel during will drafting

3. Improper Execution

A will must follow formalities laid out in Ontario’s Succession Law Reform Act, including:

• Being in writing
• Signed by the testator
• Witnessed by two people who are not beneficiaries

If these conditions are not met, the will may be declared invalid.

4. Fraud or Forgery

If a will has been tampered with, forged, or created through misrepresentation, a will dispute may be brought forward. Courts take these allegations seriously, but the burden of proof is high.

5. Dependant Support Claims

Even if a will is valid, it can be challenged if the testator failed to provide adequate support to a spouse, child, or dependant. This is a common ground for litigation under the Succession Law Reform Act.

Key Takeaway A will dispute is not just about fairness—it’s about legality. To succeed, you must show that the will fails to meet the legal standards required under Ontario law. If you're unsure, speak with an estate litigation lawyer early to evaluate your position and protect your rights.

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