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How To Contest A Will In Ontario, Canada—What To Know

How to Contest a Will in Ontario, Canada—What to Know

Have you ever felt wronged with regard to a recently departed loved one’s will? Do you feel like there is a point of contention that should have benefited your case rather than someone else’s? Then collaborate with attorneys in Ontario—you can get the highest quality legal advice for your family affairs, ensuring that you remain secured in any eventuality.

Is it possible to win when contesting for a will?

It is possible to be in a situation where you are left out of a loved one’s will or even receive less than what your brothers and sisters got. You have to keep in mind that the fact that you were treated less might be a sign that you wouldn’t be able to contest for the will! 

Although there is the off chance that you could win, in correlation, there is a Canadian law—a principle called testamentary freedom, which is invoked that you could have a fighting chance at having an equal part in the will being contested for.

On what basis can you contest a will in Ontario

The law is supposedly what fights for the desires of the deceased. Somebody could have interfered with the will—any tampering of a will could be greatly punished by the law! 

It could also be possible that the deceased could not write the will when required, making it an invalid will. An estate lawyer or an estate planning attorney might be able to help you out in these trying times.

Contesting a will with the help of an Ontario Attorney

You might also find trouble utilizing testamentary freedom and finding out about its limits. If you were able to provide care and support for the deceased, then there is a probability that you will get compensation for it. 

It is also likely that if anyone were dependent on the deceased for their support, it wouldn’t be a surprise if they were to properly set up a form of allowance for the person in the deceased’s will. A dependent also has the power to make claims for the assets of the deceased.

3 FAQs About Contesting Wills in Canada

Is it possible for a common-law spouse to acquire any inheritance even when they are not mentioned in the deceased’s will?

This is considered to be a problem that occurs quite frequently. A great example of this is when partners live together for many years but could never get married legally. If one of them dies, the surviving spouse doesn’t necessarily get the estate’s claims, which wouldn’t be the case for legally married couples. 

The dependent is not limited to receiving the “bare essentials” and may be taken into account differently. Their standard of living might become a factor in what the surviving spouse might receive from the will.

What if there was no will or if the will is considered invalid?

This is an event where the person died “intestate.”

If the deceased person was legally married, their spouse should receive the first $200,000. If there were children, then the original $200,000 must be divided among the spouse and the children.

Where do I go to contest a will in Ontario, Canada?

You have to seek assistance from the court of the province in the residence of the deceased person. If the deceased had any property in other regions or locations outside of the country, contesting a will could prove difficult! However, most jurisdictions would accept a will that is probated in any province in Canada.

Conclusion

Learning how to assert yourself in situations where you have been excluded from the family inheritance can be difficult. You are not just coping with the feeling of isolation, but of loss as well! By seeking help from a legal professional, you can get the inheritance that you rightly deserve.

If you ever find yourself going through this, you need to have a reliable estate lawyer to work with! Ontario Wills is a group of lawyers in Ontario, CA that can help you handle this legal matter, providing quality legal advice at affordable rates. Schedule an online consultation now to see how we can help!

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