What Evidence Do You Need to Contest a Will?

If you're considering challenging a will in Ontario, you’ll need strong will evidence to support your claim. Courts require clear and convincing will evidence before they consider setting aside a will or altering its terms. Simply disagreeing with the contents of a will is not enough—you must prove that something legally improper occurred.

1. Medical Records

One of the most important pieces of will evidence in claims involving lack of mental capacity is medical documentation. These records may show whether the testator had a diagnosis such as dementia or cognitive impairment at the time the will was created. Relevant documents may include:

• Physician notes
• Hospital discharge summaries
• Psychiatric evaluations
• Medication records

2. Witness Statements

Testimony from people who were present at the time the will was signed—or who had regular contact with the deceased—can support claims of undue influence, coercion, or incapacity. These may include:

• Neighbours
• Caregivers
• Friends or family
• Legal professionals

3. Prior Versions of the Will

Producing earlier wills can help show inconsistencies or sudden changes that might raise red flags. If a new will drastically alters beneficiaries or asset distributions, it can support claims of undue influence or fraud, especially if the new version benefits one person exclusively.

4. Financial or Communication Records

Bank records, emails, or text messages can reveal relationships, conflicts, or suspicious financial transactions leading up to the execution of the will. These help establish motive, dependence, or manipulation.

5. The Will and Affidavit of Execution Itself

Sometimes the will document and its accompanying Affidavit of Execution can contain errors that support a legal challenge. Mistakes in witnessing or unclear clauses may affect the will’s validity.

Key Takeaway

To mount a successful challenge, your will evidence must go beyond suspicion or emotion. Solid documentation, witness testimony, and expert input can make or break your case. If you’re unsure what to gather, consult an estate litigation lawyer who can help build a persuasive legal file. #WillEvidence #ContestingAWil #EstateLitigation #ProbateDisputes #WillsAndEstates #OntarioLaw #LegalProof