Contesting Wills in Ontario: Challenging an Unfair Testamentary Document

In Ontario, contesting a will is quite common as families grapple with the emotional and legal complexities surrounding inheritance and estate laws. Challenging a will involves disputing its legal validity, an endeavour that can lead to protracted and complicated proceedings. Before taking your case to court, it is important to understand the factors involved in legal proceedings and the benefits of having a lawyer.

Reasons for Contesting Wills in Ontario

There are several reasons why you might consider contesting a will, including:

  1. Lack of testamentary capacity: If you believe that the deceased was not mentally competent to make a will whether through disease, age, or psychological infirmity, you can contest it.
  2. Undue influence: A will can be disputed if there exists evidence to suggest that the testator was coerced, manipulated, or bullied into making certain provisions, or the will itself.
  3. Fraud or forgery: If there are reasons to suspect fraudulence or forging of the will, it can be contested.
  4. Improper execution: A will can be challenged if it was not witnessed or signed according to existing legal requirements in Ontario.

What’s at Stake

Contesting a will in Ontario requires a careful assessment of the facts of your case and an understanding of whether it’s worth the time, expense, and emotional toll it often takes to challenge a will’s validity. Keep in mind that Ontario law stipulates a specific deadline for contesting a will – usually within six months from the date probate was granted.

Understanding the Process of Contesting a Will in Ontario

The typical process for contesting a will includes the following steps:

  1. Initial consultation: Seek advice from a lawyer specializing in contesting wills in Ontario.  This may take more than one interview and involve interviewing people close to the testator.  An expert’s perspective on your case can help you decide to proceed or not.
  2. Filing an objection: If recommended by your lawyer, he or she will file an objection at the local courthouse to halt the distribution of the estate until the dispute gets resolved.
  3. Collecting evidence: Your lawyer will assist in gathering the required evidence like statements from key witnesses or relevant medical records.
  4. Mediation: Parties involved might engage in mediation to reach an agreed settlement, avoiding the need for court intervention.
  5. Litigation: If mediation fails, then your case proceeds to court where your lawyer presents your case, a judge examines the evidence and delivers a final decision.

Choosing the Right Legal Counsel: Bezaire & Associates

Selecting an experienced lawyer with expertise in contesting wills in Ontario is vital for a favourable outcome. Bezaire & Associates is a well-respected law firm specializing in personal injury claims disability, insurance disputes and estate law.  Consideration of Bezaire & Associates will reveal that the firm:

  • Has a strong focus on personal injury claims, disability insurance disputes and estate law, ensuring they are well-experienced to handle cases involving contesting a will in Ontario.
  • Can boast a successful track record in contesting wills.
  • Provides transparent communication, a well-defined fee structure, and a promise of no upfront fees while offering an initial free consultation to assess your situation.
  • Constantly demonstrates commitment to client care with years of experience and employs a team of committed fighters who genuinely care about your well-being throughout your involvement with them.
  • Contesting a will in Ontario can be a complicated and onerous process. Choosing the right legal representation, such as Bezaire & Associates, will increase your chances of successfully disputing an unauthorized, technically deficient, or coerced will, while also providing essential support and guidance.