What Happens When a Will is Contested
Who Can Contest a Will?
Wills can be contested by beneficiaries that were named under a previous will as well as potential beneficiaries, such as a child or other relation of the deceased. In order to be successful in contesting a will, you need to have a strong argument and evidence as to why the current will should be challenged.
When Can a Will Be Contested?
There are a number of reasons why a will may be successfully contested, including:
- The validity of the will itself is in question, which may mean that the will was improperly executed, or the willmaker did not have the capacity to make the will or was being unduly influenced to make a will; or,
- The will is technically valid but the terms of it are unfair
What Happens When a Will is Contested?
If contesting the validity of the will is successful, the Court may honour another will that is valid or, if there is no other will, the Court will find that the deceased died intestate (which means without a will) and distribute their assets in accordance with provincial legislation.
The best way to prevent your will from being contested is to hire an experienced lawyer to ensure that your will is properly prepared, and to have your will updated as needed when you want to add or remove beneficiaries. Our firm has decades of experience working with clients to create wills and estate plans that honour their wishes and put their best interests first.