Will Challenges.

Wrongly excluded. Undue influence. Concerns about capacity. The grounds to challenge a will are narrow and the deadlines are tight. Get advice early.

Book a free consultation Call (905) 291-3297
What we handle

Every part of the process, start to finish.

Challenging a will

Acting for excluded family members, spouses, or children where a will doesn’t reflect the true, uncoerced wishes of the deceased.

Defending a will

Acting for executors or primary beneficiaries to uphold a will against an unfair or groundless challenge.

Capacity assessments

Reviewing medical files and historical evidence to assess whether the deceased had the legal capacity to sign.

Undue influence claims

Investigating situations where a caregiver, neighbour, or relative used pressure, isolation, or manipulation to coerce a change that doesn’t reflect the wishes of the deceased.

Suspicious circumstances

This includes unusual involvement in preparing the will (such as a beneficiary arranging for the lawyer or overseeing the signing), questions around the testator’s capacity at the time, and signs that the will doesn’t reflect the testator’s true wishes, including last-minute changes, unexplained alterations, or potential forgeries.

How it works

What to expect, step by step.

Step 01

Confidential Intake

A private conversation to review the timeline, the disputed will, and the basis for the challenge or defence.

Step 02

Structural Analysis

We work out whether the case meets Ontario’s grounds and set up a clear cost-benefit framework before you commit.

Step 03

Evidence Preservation

We move quickly on medical charts, financial records, and witness statements while they’re still accessible.

Step 04

Resolution

We pursue mediation when it can secure the result you deserve. When it can’t, we take the matter to court and fight for what you’re entitled to.

What are the legal grounds to challenge a will in Ontario?

A person has the right to distribute their estate as they see fit. A will can’t be overturned just because a family member feels left out. To launch a successful challenge, narrow legal grounds have to be met.

For example, lack of testamentary capacity: at the time the will was signed, the person didn’t understand the nature and value of their assets or who they were including or excluding. This often arises with wills signed during advanced dementia, serious illness, or cognitive decline.

Undue influence and suspicious circumstances

Undue influence is when someone in a position of trust or power manipulates the deceased into changing their estate plan. It’s common in cases where an isolated older person changes their will late in life to benefit a single caregiver or relative, cutting out their immediate family. The law requires proof that the pressure was severe enough to override the deceased’s actual intent. Persuasion isn’t enough; coercion is.

Suspicious circumstances act as a trigger for closer scrutiny. If the will is prepared by someone who benefits significantly from it, or if there’s a sudden, drastic shift from long-standing prior plans without an explanation, the court will look harder. In some cases, the burden shifts to the person defending the will to prove it was signed freely and with full understanding.

PRACTICE AREAS
Frequently asked

Common questions.

Under Ontario’s Limitations Act, most civil claims (including will challenges) must be brought within two years of the date the claim was discovered. “Discovered” has a specific legal meaning and can be later than the date of death in some circumstances. Because the clock starts running early and evidence can disappear quickly, we recommend getting advice as soon as you’re aware of a concern.

The old rule was that costs usually came out of the estate; the modern rule is that the losing party often pays. Courts today expect will challenges to be brought with reasonable grounds and can order the losing party to pay the winner’s costs personally. That makes the strength of your case matter to your personal financial exposure, not just the estate’s. We’ll assess the strength of your case honestly before you commit.

It depends. If the original was last known to be in the deceased’s possession and can’t be found after death, Ontario law presumes they destroyed it intending to revoke it. That presumption can be rebutted with evidence that the will wasn’t destroyed or that the deceased never meant to revoke it. If the original was held by someone else, such as the deceased’s lawyer, the presumption doesn’t arise at all. Either way, a copy can be admitted to probate if you can prove the will was properly signed and the copy accurately reflects its contents.

If a judge declares a will invalid, the estate is either distributed under the terms of a prior valid will (if one exists) or under Ontario’s Succession Law Reform Act intestacy rules (if there is no prior valid will). Which path applies makes a real difference to who inherits, so a challenge should always be brought with a clear view of what the alternative distribution actually looks like.

Get started

An honest read on whether you have a case.

We assess the facts honestly before you commit to litigation, so you know exactly what you’re getting into. Reach out today; we respond within 3 business hours.

Book a free consultation Call (905) 291-3297