Toronto Estate Litigation Lawyer for Will Challenges

Anybody with a financial interest in an estate can file an application to challenge a will. Contesting a will can be a long, drawn-out, and difficult process requiring skillful guidance from an experienced estate litigation lawyer. If you believe that you should have been named as a beneficiary in the will of a loved one and have not been, or if you would otherwise like to challenge the terms of a will, your first course of action should be to obtain legal advice.

At NULaw in Toronto, we can help you determine whether you have grounds to bring a will challenge. We also regularly represent executors who face will challenges. We will take the time to help you understand your legal rights and will identify any risks and costs that can be anticipated.

How to Contest a Will

There are generally three ways in which to challenge a will:

  1. Formality;
  2. Mental/Testamentary Capacity;
  3. Undue influence.

The person challenging the will must prove one or more of these three factors to successfully contest the will.

Formality

A will challenge on the grounds of formality requires the challenger to establish problems with the actual will itself. Commonly cited issues include a lack of a witness, an improper witness, absence of a valid signature, as well as absence of an original copy of the will.

Mental/Testamentary Capacity

The testamentary or mental capacity of a testator (the person making the will) is a critical element of a valid will. A will challenge on the grounds of incapacity requires a challenger to establish that the testator lacked sufficient testamentary capacity to make the will, and did not understand what they were doing when making it. To be considered to have testamentary capacity the testator must:

  • Have knowledge of all their assets;
  • Understand the consequences of making a will;
  • Be able to provide instructions;
  • Understand what he/she is instructing;
  • Want their instructions to be carried out;
  • Understand who they are giving their assets to;
  • Comprehend that anyone who is excluded from the will may be able to challenge or contest it.

Undue Influence

A will challenge on the grounds of undue influence requires the challenger to establish the will is not valid because the testator was coerced or forced to make a will that is not reflective of their true intentions.

Contact the Estate Litigation Lawyer at NULaw in Toronto for guidance on challenging a will

If you are thinking about challenging the will of a family member or friend, the results-oriented, effective estate lawyer at NULaw in Toronto can help. Contact us online or at 416-481-5604 before you take any action. We will help you navigate your options and formulate a pragmatic game-plan for moving forward.

Decision-Making & Parenting Time Rights for Same-Sex Parents

The road to equality for LGBTQ2 Canadians has been a long one. Although homosexuality was decriminalized in 1969, marriage for same-sex individuals was not adopted…
Read Post

World Elder Abuse Awareness Day

World Elder Abuse Awareness Day is a day meant to raise awareness about the prevalence of elder abuse around the world. It’s been observed globally…
Read Post

Child Relocation – Should New Evidence Be Considered On Appeal Or In Application To Vary Order?

When a parent wishes to relocate with a child, for example, to be closer to family, this may affect the other parent’s access rights (now…
Read Post

Contact

NULaw
509 Davenport Road
Toronto, ON M4V 1B8

Tel: +1 416 481 5604 Fax: +1 416 481 5829

NULaw proudly services clients in Toronto and throughout Ontario