Disputes over wills and estates often arise when family members believe a will doesn't reflect the deceased's true intentions or when an executor fails to properly administer the estate. If you're considering challenging a will in Ontario, understanding the legal grounds and process is essential. Remember, that while this article helps to understand whether whether a will challenge is warranted, we can't give any legal advice without knowing the specific facts of your case.
Instead, this is meant as a rough guide to common issues. It is not legal advice. Call us or reach out directly if you would like advice about your particular situation.
To successfully challenge a will in Ontario Superior Court of Justice, you must establish one or more of the following grounds:
You may also have grounds to challenge how an executor is administering the estate, including allegations of misconduct, breach of fiduciary duty, or failure to properly account for estate assets.
Challenging a will means initiating a lawsuit in the Ontario Superior Court of Justice, with the estate (represented by the executor or estate trustee) as the defendant. The process requires:
Estate litigation is complex and can take months or even years to resolve, depending on the strength of the evidence, the cooperation of parties involved, and court scheduling.
Estate litigation can be expensive. Legal fees depend on the complexity of the case, the amount of evidence required, the level of conflict between parties, and whether the matter settles or proceeds to trial.
Before proceeding, you need to realistically assess whether the potential recovery justifies the legal costs. If anticipated legal fees exceed what you stand to gain, challenging the will may not be financially prudent. However, in certain cases, contingency fee arrangements may be possible, where legal fees are paid only if you're successful.
The court also has discretion to order costs against an unsuccessful party, which is an important risk factor to consider.
If you believe a will is invalid or an executor is mishandling an estate, early legal advice is critical. Time limits apply to estate challenges, and evidence can become harder to gather as time passes.
We help clients navigate estate disputes by:
Estate litigation isn't appropriate in every situation, but when there are legitimate grounds to challenge a will or hold an executor accountable, experienced legal representation can make a significant difference in the outcome.
If you're considering challenging a will or have concerns about estate administration, contact us by phone or email for a no-obligation consultation. We'll give you an honest assessment of your situation and help you understand your options.
