The death of a loved one is such a hard time and families can be torn apart when the deceased’s will is read and the results for some parties are less than satisfactory. Some parties will try to contest – or challenge – the will if they feel they were wronged or that it was not properly drafted. However, here in Canada, successful attempts when challenging a will aren’t as plentiful as you may think. If the will was carefully (and legally) prepared and the person had full mental capacity, then the courts can’t interfere on the presumption that it doesn’t seem fair or reasonable. They need more information and evidence to prove that it’s not valid. Let’s look at some of the more common reasons to contest a will:
- Improperly or fraudulently drafted
If someone feels that the will wasn’t legally drafted, interpreted, witnessed or signed, or if they feel that it was forged or otherwise falsified, then they can challenge the will on the basis that it’s not legal.
- Mental capacity
When a person drafts up their will, they must have the mental capacity to know what they are doing. If they don’t understand the document or what’s contained within in it, then the will can be challenged on those grounds.
- Undue influence
Sometimes a will might be changed suddenly because of pressure, bribery or other undue influence from someone either within the family or externally. If it appears that these changes weren’t the intended wishes of the testator (the maker of the will), then often in these situations, a will can be contested.
- Provision for dependents
If there are dependents who aren’t adequately provided for within the will, they can contest it. Dependents aren’t limited to just children under 18, they can also include spouses, ex-spouses, parents, siblings and grandchildren, as long as they can show that they were financially dependent on the deceased.
When to challenge a will If you’re thinking about challenging a will, it’s important to seek legal advice to be sure that you indeed have solid legal grounds to do so before filing your application with the courts. It’s a formal process that’s likely to be long, costly and complicated, so be sure to have an experienced legal team on your side who can help you with filing the motions and with the various court proceedings. Here at Ares Law, estate planning and wills are our specialty. Talk to us for sound legal advice – not only about contesting a will, but also making sure your own will is current and accurately reflects your wishes. After all, you don’t want your loved ones in a situation where your will might be contested and the execution of it is dragged out in the courts for months or years on end. Give yourself, and your family the peace of mind you need and connect with us today and book an appointment; you’ll be in excellent hands: 705-746-6444.
