The period after a loved one passes is naturally a trying time. Not only is it necessary to process the emotional loss and work through feelings of grief and sadness, there are often difficult tasks that must be looked after, such as planning the funeral and ensuring that your loved one’s last wishes are carried out and fulfilled.
A Last Will and Testament provides a chance for individuals to express and record what they want to happen when they pass. However, depending on the circumstances, a will might not always accurately reflect these wishes. The improper execution of the will may also mean that a loved one’s wishes are not realized. If this is the case, it may be necessary to challenge or contest a will.
Common Reasons for Challenging a Will
Although there can be many reasons for challenging a will, the most common reasons include:
Legal Issues
If there are problems with someone’s will, it may need to be challenged. Do-it-yourself wills, for example, are legal but may have inherent problems, such as incomplete sections, or lack the legal validity needed. If you expect a will is fraudulent, it may be necessary to challenge it.
Undue Influence
If your loved one was unduly influenced by someone else, that is another valid reason to challenge or contest the current version of their will. Undue influence basically means that someone felt a great deal of pressure to change or modify their will to appease someone else. If a will changes dramatically, it may be the result of undue influence by another family member or someone who was close to the deceased. In this situation, you may want to consider contesting the current will.
Mental Capacity
Finally, a person’s mental capacity at the time of writing their will may also affect its validity and whether it really reflects the final wishes of the individual. If the person did not understand what they were signing, or the stipulations included, it may, again, be necessary to challenge this version.
How Do I Challenge a Will?
If you feel that it is necessary to challenge a Last Will and Testament, consulting with a lawyer specializing in estate law should be your first step. In Ontario, there are limited instances in which a will may actually be revoked. However, there are a few circumstances in which this may happen, such as if the will was not properly signed or witnessed, or the deceased was married again after the will was created. It’s important to note that if someone feels that a will is unfair, or doesn’t recognize an important family member, that is not grounds on its own to contest it – there has to be a legal issue in order for a judge to look at it.
Working with an estate lawyer to create your will helps to ensure that your last wishes are carried out after you pass. It will also likely help your loved ones avoid the need to contest your will. At Ares Law, our team specializes in estate law and can help you create a legal and valid will. We can also help you review your current will and make any necessary changes to ensure it is up-to-date and reflective of your final wishes. Connect with us at (705) 645–8743 so we can get started.
