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Contesting a will in ontario

contesting a will in ontario

For example, James Browns Will is being challenged because its unclear as to whether and when he got married.
Challenging promotional codes for disney store a Will that includes a bequest to a terrorist organization is probably going to be successful, but there is a very fuzzy grey zone.
If you are planning to disinherit dependents, or if you have a strange family situation, or you want to do something controversial within your Will, then we would recommend that you seek legal advice.The type of application you must make depends on whether the Will has been probated.Challenging a Will based on undue influence.Challenging a Will based on unusual family circumstances.For example, if there is a technical flaw in a will, it could be declared invalid.

There may be evidence to support the notion the testator was not mentally fit to make a will, or that late additions to a will were made while mentally incapable of making a rational decision.
Grounds for contesting a will on the basis that it is invalid or revoked: The Will was not signed by the testator (the deceased) or the Will was not properly signed.
Challenging a Will because it was not executed correctly.
There are only a very few grounds that a will in Ontario can be successfully contested through the Courts.Most jurisdictions now have laws in place that try to interpret the true intentions of the testator, so we are likely so see fewer challenges to a Will based on an obvious mistake, like the mis-spelling of a name for example.Another consideration is the cost of challenging a Will.Capacity to prepare your Will means that you understand that you have indeed prepared your Will, you understand the appointments within the Will, and the distribution of your property.Similarly, it may be that another party unduly influenced the late individual when the will was made.Doing so successfully will almost certainly require the skill of an experienced lawyer.