Why Are Ontario Wills Disputed? Essential Insights Here

Wills are not contracts and cannot be enforced if they are invalid. Yes, beneficiaries in wills can be out of luck if you use DIY online will providers. These will providers cannot prevent elder abuse or reduce suspicious circumstances that allow courts to question wills.

You cannot contest a will simple because you believe it is unfair or that your share is less than what you expected. You require legal grounds and evidence to challenges wills.

Wills are legal documents and, therefore, subject to legal review by judges. Here are some reasons why Ontario wills may be disputed:

1. Lack of testamentary capacity – Persons making wills are not capable when the will was signed or instructions were provided. Only judges can decide this. No doctor’s letter is conclusive on capacity.
2. Improper signing – The two qualified witnesses to wills may no longer be available or cannot substantiate that the will was properly signed.
3. Undue influence – Vulnerable persons can be presumed to be under pressure to change their wills.
4. Fraud/mistake – Will makers signed because of mistaken belief or fraud.
5. Revocation – The original will cannot be produced. It is presumed cancelled or revoked by the will maker.
6. Failure to update wills – Wills can be out of date and not reflect updated family, estate and tax laws.

In Ontario, courts require those contesting wills to produce threshold evidence to invalidate wills. Will makers, in certain circumstances, are presumed to have understood the terms contained in wills.

What evidence is there of this presumption with DIY or online wills? How can you prove will makers know and understood what was being signed?

Online will providers may not be able to support any will that you sign. This can lead to costly will challenges and family disputes. On the other hand, lawyers you hire to prepare for wills are there for you when you are gone. These lawyers can testify in court.

Need to know more about the dangers of DIY online wills? Learn more in my recent post.

Do you need more help with a disputed will? I can help you. Contact me today. We can discuss your best choices in confidence.

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I offer you a meeting to discuss your needs by Zoom or in-person in my Toronto west end office. Arrange your no-obligation meeting today.

I am a Certified Specialist in Estates and Trusts Law. I can give you expert tips to end your worries.