To challenge a will, you need to file a lawsuit in the Superior Court of Justice for Ontario. This court handles matters related to the administration of estates. The specific legal steps for challenging a will vary depending circumstances of the case.
Generally, you need to prove invalidity of the will due to factors such as fraud, undue influence, or lack of testamentary capacity. This means proving that the will somehow does not reflect the intention of the person who made it. You may also wish to challenge the way that the executor has administered the will.
The cost of challenging a will can vary widely depending on the complexity of the case and the lawyer’s fees. When you challenge a will, the entity you sue is the estate of the deceased, represented by the executor of the will. This person handles administration of the estate according to the terms of the will.
Challenging a will involves complex process. It requires navigation of the legal system and gathering evidence to support your claim. The specific laws and procedures for challenging a will vary significantly from province to province.
If you require assistance in challenging a will, we can help guide you through the process. We will help you gather evidence to support your claim, file the necessary paperwork, and represent you in court. Having an lawyer can help increase the chances of a successful outcome.
Keep in mind that hiring a lawyer to challenge a will can be expensive. It’s important to weigh the cost against the potential benefits of challenging the will before making a decision. If the anticipated legal fees involved in challenging the will exceed the amount you stand to recover, then it is likely not worth challenging the will. In some cases a contingency fee arrangement may be possible.
If you are considering challenging a will or if you require further information, contact us to get started.