Challenging or Defending a Will

A Will challenge can be a difficult, painful process. It can stir up longstanding family conflicts, strain relationships and raise painful questions about the deceased. It can also involve a number of legally challenging issues.

At Creighton Law LLP, our decades of experience helping people prepare Wills, as well as helping people defend and challenge Wills, can benefit you.

Whether you are challenging or defending a Will, it's important for us to understand your family situation and the circumstances surrounding the deceased in order to help you.

Our Lawyers will discuss some of the reasons for declaring a Will to be invalid and discuss whether they apply to your situation. Some of the reasons given to challenge the validity of a Will include:

  • The Will does not show full compliance with the rules for drafting a valid Will.
  • There was a lack of capacity to make a Will if the deceased was not able to understand the nature and consequences of making a Will.
  • There was undue influence on the deceased at the time of making a Will.
  • The deceased was under duress at the time of making a Will.
  • The Will does not provide adequate support for dependants.

Proving lack of capacity may require the help of a psychiatric expert, and proving undue influence or coercion may require extensive evidence from competing witnesses. Elder abuse is sometimes alleged in these cases, particularly if the person accused of influencing or coercing the deceased had any authority over him or her, or the deceased was physically, mentally or emotionally vulnerable.

These matters can become extremely emotional and contentious for all involved.

If the Will has not yet been approved by the Court, we can file a Notice of Objection and set out the nature of our objection to the Will. In this situation, Probate will not be granted until the issue is resolved.

If the Will has been approved by the Court, the process is somewhat more uncertain.

It is often best to file a Notice of Objection as soon as possible, particularly if you want to make sure that no distribution of the assets is carried out before the issue is resolved.

Contact Creighton Law LLP

If necessary, let us help you challenge or defend your loved one's Will. Contact our Oshawa office at 1-800-216-4970 or fill out our online form.