Essential Things to Know: How to Contest a Will in Ontario?
A will is a legal document that outlines how a person wants their assets and possessions to be distributed at the time of death. It also allows a person to appoint an executor responsible for carrying out their wishes. A will is an essential document for anyone who owns assets or has dependents, as it can provide financial stability and security for their loved ones.
At its most basic, a will is a written document that states how a person’s assets, property, and possessions should be divided and distributed at the time of death. It also allows the person to appoint an executor. The executor is also responsible for ensuring that the will is executed correctly and that the wishes of the deceased are carried out according to the law.
A will is a powerful document, as it allows someone to direct the distribution of their assets and possessions after they pass away. But it’s not always absolute. There are cases where one might be inclined to contest a will.
In today’s article, find out how wills can be contested in Ontario. Here’s what you need to know:
Wills aren’t Absolute
While a will is an effective way to make sure your wishes are followed, it is important to note that a will is not always absolute.
In most cases, a will is used to distribute property and assets to specified individuals. However, the will is not always the last word on the matter. In some cases, a court may find that the will is invalid or does not reflect the deceased’s true wishes.
This may occur if the will was not properly executed or if it was created under duress or undue influence. In these cases, the court may choose to ignore the will provisions and distribute the assets according to the laws of intestacy—laws governing the division of assets when someone dies without a valid will.
What are the Grounds For Contesting a Will in Ontario?
If you’re an executor or a beneficiary of a will, you may wonder what the grounds for contesting a will in Ontario are. Contesting a will is a legal process that allows certain people to challenge the validity of a will. It is a complex process and should only be undertaken if there are serious concerns about the validity of a will.
In Ontario, there are two main grounds for contesting a will:
1. Lack of Capacity
A will can be contested if the testator (the person who created the will) lacks the mental capacity to create a valid will. To be considered valid, a will must be created by someone who understands the nature of the document and the consequences of creating it.
2. Undue Influence
A will may also be contested if it can be shown that the testator was unduly influenced into creating the will. This means that someone was present while the will was being created and could exert undue influence over the testator, resulting in a will that does not reflect the testator’s true wishes.
In addition to these two primary grounds, a will may be contested if it can be proven that it was forged or tampered with or does not comply with Ontario’s Wills Act.
Contesting a will is a complicated and expensive process. Before embarking on such a process, it is important to seek legal advice from a qualified and experienced lawyer who can review your situation and provide sound legal advice.
The Bottom Line
It’s important to know that wills are not always absolute and can be contested. There are a few ways that a will can be contested, such as if the person who created the will was not of sound mind, if the will was created under duress, or if the will was forged.
If you have any concerns that your will may not be valid, it’s important to speak to a lawyer to ensure that your wishes will be fulfilled.
If you are looking for an experienced and reliable estate lawyer, we can help you. Ontario Wills & Estate Plans is a law firm based in Ontario that serves Canada. Our services are available through video conferencing. Get quality legal advice from the best Ontario lawyers. Contact us today to learn more about our services!
