What Is the Most Common Grounds for Contesting a Will?

If you're planning to contest a will, understanding the most common legal grounds is essential before proceeding. People choose to contest wills for a variety of reasons—some emotional, others legal—but only specific grounds will be considered valid in court. Knowing which ones are most commonly accepted can help strengthen your claim.

1. Lack of Testamentary Capacity

One of the leading reasons people contest a will is a belief that the testator (the person who made the will) lacked the mental capacity to understand what they were doing. This may involve conditions like dementia, mental illness, or cognitive decline at the time the will was signed.

Courts will look at whether the testator understood:

• What property they owned
• Who the beneficiaries were
• The consequences of the distributions

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

2. Undue Influence

Undue influence occurs when someone pressures or manipulates the testator into changing their will for that person's benefit. This is especially common in situations where the testator is elderly or dependent on the influencer.

Courts look for signs such as:

• Isolation from family
• Sudden changes to the will
• Dependence on a caregiver or advisor
• Lack of legal or independent advice

3. Improper Execution

A will must meet specific legal requirements under Ontario law to be valid. If the will was not signed properly, not witnessed by two people, or if one of the witnesses was also a beneficiary, the court may deem it invalid.

4. Fraud or Forgery

If someone forges a signature, alters the document, or misrepresents facts to the testator, this can also be grounds to contest the will. These cases are rare but very serious.

Key Takeaway

To contest a will successfully, you’ll need more than dissatisfaction—you need a legal foundation. The most common grounds involve mental incapacity, undue influence, procedural errors, or fraud. If you suspect any of these issues, consult an estate litigation lawyer to evaluate your case and timing.

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