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Will Disputes
Common Types of Will Disputes
Will Validity Challenges
Questioning whether the will was properly signed, witnessed, or if the deceased had mental capacity when signing.
Undue Influence
Claims that someone pressured or manipulated the deceased into changing their will against their true wishes.
Executor Disputes
Conflicts over executor decisions, accounting issues, or removal of an executor for misconduct.
Dependant Support Claims
Claims by dependants who believe they weren't adequately provided for in the will under Ontario's Family Law Act.
When Should You Contest a Will?
Will contests are serious legal matters. Consider challenging a will if:
- ✓ The will seems suspicious or out of character
- ✓ You suspect undue influence or coercion
- ✓ The deceased lacked mental capacity
- ✓ The will wasn't properly witnessed
- ✓ You're a dependant who was excluded
- ✓ The executor is acting improperly
- ✓ There are multiple conflicting wills
- ✓ Assets are missing or mismanaged
The Will Contest Process
1. Time Limits
You typically have limited time to contest a will in Ontario. Acting quickly is crucial to preserve your rights.
2. Gathering Evidence
Building a strong case requires medical records, witness statements, and documentation of the deceased's mental state and relationships.
3. Court Proceedings
Most will disputes are resolved through negotiation, but some require court proceedings to reach a resolution.
Need Help with a Will Dispute?
Will contests are time-sensitive. We can connect you with our trusted network of experienced estate litigation lawyers who can evaluate your case, protect your rights, and guide you through the legal process.
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