When a Will Can Be Contested in Ontario

25 Feb When a Will Can Be Contested in Ontario

Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after your death. However, even a properly drafted will can sometimes be challenged. In Ontario, the law allows certain individuals to contest a will under specific circumstances. Understanding when and how a will can be contested, and how to prevent disputes, can help avoid costly and emotional legal battles.

Legal Grounds to Contest a Will in Ontario

A will cannot be challenged simply because someone is unhappy with its contents. Ontario courts require valid legal grounds, which commonly include the following:

• Lack of testamentary capacity: To make a valid will, the testator must understand the nature and effect of the document, the extent of their assets, and who might reasonably expect to benefit from the estate. If the testator lacked mental capacity due to illness, cognitive decline, or impairment at the time the will was signed, the will may be contested.
• Undue influence: A will may be challenged if it is believed someone pressured, manipulated, or coerced the testator into making decisions they would not have made freely. This often arises when a caregiver, family member, or other individual in a position of trust plays a significant role in the preparation of the will.
• Improper execution: Ontario law sets strict requirements for signing and witnessing a will. Generally, the will must be signed by the testator in the presence of two witnesses, who must also sign. Failure to meet these requirements can make the will invalid.
• Fraud or forgery: If a will is believed to be forged or created through fraud, such as misrepresenting the contents to the testator, it can be challenged in court.
• Dependants’ support claims: Even if a will is legally valid, certain dependants may contest it if they were not adequately provided for. Ontario law allows spouses, children, and other dependents to seek financial support from an estate if the will fails to make proper provision for them.

Who Can Contest a Will?

Not everyone has the legal standing to challenge a will. In Ontario, those who may be eligible include:

• Spouses, including married spouses and, in some cases, common-law partners
• Children or other dependants who relied financially on the deceased
• Beneficiaries named in a current or previous will
• Individuals who would inherit under Ontario’s intestacy laws if no will existed

The court will assess whether the individual has a legitimate financial interest in the estate before allowing a challenge to proceed.

How to Help Ensure Your Will Stands Up in Court

While no will is completely immune from challenge careful planning can significantly reduce the risk of disputes:

Work with an experienced estate lawyer

A professionally drafted will ensures compliance with Ontario law and helps address complex family or financial situations clearly.

Document capacity and intentions

If there is any concern about mental capacity or potential conflict, additional steps such as medical assessments or detailed lawyer notes, can help demonstrate the will reflects the testator’s true intentions.

Avoid ambiguity

Clear, precise language reduces the likelihood of misinterpretation or disagreement among beneficiaries.

Plan for dependents

Ensuring reasonable provision for spouses and dependents can help prevent claims the will is unfair or inadequate.

Review and update regularly

Life events such as marriage, separation, births, or significant changes in assets should trigger a review of your will.

Get Trusted Legal Guidance

Contesting a will can be complex, time-consuming, and emotionally draining. Whether you are concerned about the validity of a will or want to ensure your own estate plan is secure, legal advice is essential.

At Stewart Esten Law Firm we provide experienced guidance in estate planning and estate litigation, helping clients protect their wishes and navigate disputes with clarity and confidence. Consulting with a knowledgeable lawyer today can help safeguard your legacy and give you peace of mind for the future. Contact us today to set up an appointment.