Losing a loved one is hard enough without facing questions about the validity of their will. If you suspect that a will does not reflect the true intentions of the deceased or believe you’ve been unfairly excluded, you may have grounds to contest a will in Ontario. This guide will walk you through your rights, the legal process, and key considerations when deciding whether to challenge a will in Ontario.
Understanding the Legal Grounds for Contesting a Will
In Ontario, not every disagreement over a will leads to a successful challenge. There must be legitimate legal grounds. These commonly include:
- Lack of testamentary capacity: The deceased was not of sound mind when the will was made.
- Undue influence: The testator was coerced or manipulated into changing their will.
- Improper execution: The will was not signed or witnessed properly under Ontario law.
- Fraud or forgery: The will was tampered with or is not the genuine intention of the deceased.
- Omissions or ambiguities: There are unclear instructions or missing provisions that lead to unfair results.
Who Can Challenge a Will in Ontario?
Only individuals with legal standing can contest a will. This typically includes:
- Spouses (married or common-law)
- Children and other dependents
- Anyone named in a previous will
- Individuals who would inherit under Ontario’s intestacy laws if no valid will existed
Key Deadlines to Know
Time matters when challenging a will. In Ontario, you must file your claim within two years of the date you discovered or ought to have discovered the grounds for your challenge. If you are making a dependent support claim, the timeline may be even shorter; usually within six months of probate.
The Process of Contesting a Will
Contesting a will begins with filing a court application. Your lawyer will help you gather evidence, such as medical records or witness testimony, to support your claim. Once filed, the court may order mediation or a trial, depending on the complexity of the case. Many challenges resolve through estate litigation mediation, which can save time and cost.
What Happens If the Will Is Deemed Invalid?
If the court finds the will to be invalid, it will generally revert to an earlier valid will. If none exists, the estate will be distributed according to Ontario’s intestacy laws, which prioritize spouses and biological or legally adopted children.
Unique Considerations for Blended Families
Modern families are complex. Children from previous relationships, common-law partners, and other dependents may not be adequately protected under a traditional will. If you’re a member of a blended family and believe your rights have been overlooked, you may have strong legal grounds to challenge a will in Ontario.
Costs and Risks of Challenging a Will
While contesting a will can be emotionally and financially demanding, courts do not automatically award costs against the losing party. If your challenge is based on valid concerns and not frivolous or vexatious in nature, the court may order that legal fees be paid from the estate. However, a failed challenge could still lead to personal costs, especially if the court finds it was unjustified.
How to Strengthen Your Case
- Document any suspicious circumstances around the will’s signing
- Gather medical records or testimony related to the testator’s mental state
- Interview witnesses who were present or close to the deceased
- Retain an experienced estate litigation lawyer early on
For general guidance on your rights when contesting a will, visit the Ontario government’s official page on making or updating a will. It outlines the legal requirements for creating a valid will in Ontario and helps clarify when challenges may be appropriate.
Why Choose Powell Litigation
At Powell Litigation, our estate litigation team combines deep courtroom experience with compassionate client care. We understand the emotional toll and legal complexity of will disputes. Our Toronto-based lawyers offer honest advice, strategic planning, and assertive advocacy to protect your interests and legacy.
Next Steps
If you believe a loved one’s will may not reflect their true intentions, do not delay. Ontario courts are strict about deadlines, and early legal intervention can protect your rights. Contact Powell Litigation today to schedule a consultation.
About the Author: This article was prepared by the estate litigation team at Powell Litigation. Our lawyers are experienced in handling will challenges across Ontario with professionalism and discretion. Learn more about our team here.