How to Contest a Will in Ontario: Grounds, Process, and What to Expect

When a loved one passes away and their will does not seem right — whether because they were pressured into making changes, lacked the capacity to understand what they were doing, or left out someone they had an obligation to provide for — it may be possible to challenge the will in court. Contesting a will in Ontario is a serious legal step, but in the right circumstances, it can correct an injustice.

Grounds for Contesting a Will

There are several legal grounds for challenging a will in Ontario. Lack of testamentary capacity means the person did not have the mental ability to understand the nature and effect of making a will at the time it was made. Undue influence means someone exerted pressure or control over the will-maker, overcoming their free will. Fraud or forgery means the will, or a part of it, was obtained through deception or is not authentic. Improper execution means the will was not properly signed and witnessed as required by law.

Dependant's Relief Claims

Even if a will is valid, certain dependants may bring a claim under Part V of the Succession Law Reform Act if the deceased did not make adequate provision for their support. Spouses, children, parents, and siblings who were dependent on the deceased may be eligible. The court can order that the estate provide support to the dependant, effectively overriding the terms of the will. These claims must be filed within six months of the grant of a Certificate of Appointment of Estate Trustee.

The Process of Challenging a Will

Will challenges are typically brought in the Ontario Superior Court of Justice. If probate has not yet been granted, you can file a notice of objection (caveat) to prevent the will from being probated until the challenge is resolved. If probate has already been granted, you can still challenge the will, but the process is different. Gathering evidence early is critical — medical records, witness statements, financial records, and communications with the deceased can all be important.

Act Quickly

If you believe a will should be challenged, time is critical. Evidence can be lost, witnesses' memories fade, and limitation periods apply to certain claims. A dependant's relief claim must be filed within six months of the grant of probate. Other will challenges should be brought as soon as possible. Contact a lawyer promptly if you have concerns about a will.

Contact Ken Wise & Associates

Ken Wise & Associates handles will challenges and estate litigation in Ontario. Whether you need to contest a will, defend against a challenge, or bring a dependant's relief claim, we can advise you on the strength of your case and represent you in court. Contact us for a consultation.