Will Contests in Ontario

What is a will contest? It means asking a court to set aside a will.

This means the court would accept an earlier will. The earlier will may be more in your favour.

In some cases, you challenge the will hoping you inherit the estate on an intestacy. This happens when the court rules that there are no valid wills.

You can contest a will on numerous grounds:

• lack of testamentary capacity – mentally capable when the will was signed

• fraud – no genuine signature, no proper witnesses, alterations

• duress – ”Give me everything or I’ll put you in a home.”

• undue influence – ”Give me your house or you’ll never see my kids again.”

• Lack of knowledge – the will is prepared in a foreign language

• No approval of the contents – giving away items that you don’t own

• Non-compliance with legal formalities – witnesses signed in the wrong place at the wrong time

Can you challenge a will because of a broken promise?

John promised to leave you a valuable painting in his will. In return, you restored it and paid to have the painting insured. What if John failed to include this promise in his will?

You have a financial interest in John’s estate. You can choose  to sue for the recovery of the painting or contest the will. Contesting the will, however, may not help you. You would contest this only if an earlier will specified the painting would be yours.

Learn how to A.C.E. a will contest with my FREE guide Will Disputes: How to Increase Your Chances for Success.  Find more FREE guides on executor duties, estate planning and powers of attorney here.