Grounds for Challenging a Will in Canada

Challenging a will in Canada isn't just expensive, it also consumes a significant amount of your time. However, if you feel you’ve been wrongfully left out of a will, you can consider challenging. As people age, they start experiencing cognitive decline, as a result of which they may fail to make effective estate plans.

 
a person writing a will

Fundamental Grounds for Challenging a Will

Improper Execution

You can challenge a will on grounds of improper execution if there weren’t any reliable witnesses for the will, there’s a lack of sufficient witnesses, and if the will wasn’t signed by the testator.

Lack of Mental Capacity

In many cases, the testator doesn't have enough knowledge about property matters or doesn't have the mental capacity to develop a practical will. When people aren't satisfied with the will their dearest people leave for them, they may suspect that the testator was either under the influence of a drug or medicine or was forced by someone to write it.

 

If this happens, a testamentary capacity assessment is conducted. It's a formal assessment that tests a person's ability to make decisions regarding personal care and property.

 

Fraud

You can also fight a will if you think it's forged or you're unsure about its authenticity. This happens when a person drafts a will with someone else's name and forges their signature. The will is marked as 'invalid' if you successfully prove your point.

 

Lack of Knowledge

The person making a will should have sufficient knowledge about estate affairs and the legal rights of their relatives. They should be updated about the financial worth of different assets they own and must approve of the will's contents. A will is considered invalid if the testator doesn't know what they've mentioned in the will.

 

Provisions for Spouse and Dependent Children

When drafting a will, everyone should prioritize their spouse and children. You can challenge a will if you think it's unfair or unjust. While the testator isn't legally obliged to include provisions for adult children, some provinces in Canada do support the ethical obligation for provisions for spouses and children when the testator has sufficient finances.


Looking for a Will Lawyer in Your Area?

 If you're in search of a reliable will lawyer, reach out to the Nanda & Associate Lawyers. Rewarded as the Peel Region's BEST Lawyer - General Practice Company by the  Consumer Choice Award. In addition to will lawyers, they also have a team of highly qualified and experienced litigation lawyers, personal injury lawyers, family lawyers, divorce lawyers, immigration lawyers, and real estate litigation lawyers on board. Contact them to learn more!

 

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.

 

 

 

 

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