How to Contest a Will in Ontario: Process and Evidence Needed

Contesting a will means legally challenging its validity in court. If you believe a will is invalid due to undue influence, lack of capacity, improper execution, or fraud, you can challenge it. However, will contests are complex, expensive, and emotionally draining. Understanding the grounds, process, and evidence required helps you decide whether to proceed.

You can’t challenge a will simply because you disagree with how assets were distributed. Ontario law requires specific legal grounds.

The deceased didn’t have the mental ability to understand what they were doing when making the will.

What you must prove:

• They didn’t understand the nature and effect of making a will
• They didn’t know the extent of their property
• They didn’t understand who should reasonably receive their estate
• They couldn’t comprehend how the will distributed their assets

Common scenarios: Advanced dementia, Alzheimer’s disease, mental illness, or severe cognitive decline at the time the will was signed.

Someone pressured, coerced, or manipulated the deceased into making or changing their will against their true wishes.

What you must prove:

• Someone had power or authority over the deceased
• That person used their influence to override the deceased’s free will
• The will reflects the influencer’s desires, not the deceased’s genuine intentions

Common scenarios: Caregivers isolating the elderly person and pressuring them to change their will, adult children manipulating vulnerable parents, or romantic partners coercing changes that benefit them disproportionately.

The deceased didn’t understand or approve the will’s contents, often due to suspicious circumstances.

What raises suspicion:

• The person who benefits most was involved in preparing the will
• The deceased had limited literacy or didn’t speak English well
• Changes were made that the deceased didn’t initiate
• The will was prepared in secret or hurriedly

The will doesn’t meet Ontario’s formal legal requirements under the Succession Law Reform Act.

Requirements for a valid will:

• In writing (typed or handwritten)
• Signed by the testator (will-maker) or by someone else in their presence and at their direction
• Signed in the presence of two witnesses simultaneously
• Both witnesses signed in the testator’s presence

Common execution problems: Only one witness, witnesses not present together, signatures not properly witnessed, or alterations made after signing without proper attestation.

The will was forged, or the deceased was tricked into signing something they didn’t understand.

Examples: Someone forged the deceased’s signature, tricked them into signing by misrepresenting what the document was, or created a completely fraudulent will.

The will was properly revoked before death by a later will, intentional destruction, or marriage (which automatically revokes prior wills unless made in contemplation of marriage).

Not everyone can challenge a will. You must have legal standing—a direct financial interest in the outcome.

People with standing:

• Beneficiaries named in the current will
• Beneficiaries named in previous wills
• People who would inherit under intestacy (no valid will) rules
• Spouses and dependants (even if not named in the will)

The strength of your evidence determines whether your challenge succeeds. Courts require compelling proof.

For capacity challenges:

• Medical records from the time the will was signed
• Diagnosis of dementia, cognitive impairment, or mental illness
• Doctor’s notes about mental state
• Hospital records, prescription records, care facility assessments
• Expert testimony from geriatricians or psychiatrists

What strengthens your case: Medical documentation close to the date the will was signed showing significant cognitive decline.

People who observed the deceased:

• Family members who noticed mental decline
• Caregivers who witnessed daily functioning
• Friends who saw confusion or vulnerability
• Healthcare workers familiar with their condition

What they should testify about: Specific examples of confusion, inability to recognize family, forgetting important information, or being easily manipulated.

Suspicious circumstances in the document:

• Unusual provisions that don’t reflect prior wishes
• Sudden changes benefiting one person dramatically
• Language that doesn’t sound like the deceased
• Unexplained disinheritance of close family
• Benefits to the person who prepared or suggested the will

Comparing versions:

• Previous wills showing different intentions
• Powers of attorney or other documents demonstrating wishes
• Letters or notes expressing different desires
• Pattern of changes showing someone’s increasing influence

Evidence of suspicious timing or process:

• Will prepared shortly after meeting a new romantic partner or caregiver
• Created when the deceased was hospitalized or vulnerable
• Prepared in secret without family knowledge
• Made hurriedly without the deceased’s lawyer involvement
• Changes made after isolation from family members

Evidence of undue influence or exploitation:

• Large gifts to the beneficiary before death
• Changes to bank accounts or joint ownership
• Financial documents showing control by one person
• Evidence of financial abuse or manipulation

Specialists who provide opinions:

• Medical experts on capacity and cognitive function
• Handwriting analysts for forgery claims
• Lawyers who can testify about proper will preparation standards

Ontario has strict timelines. You typically must start your challenge within six months of the estate trustee being appointed, though exceptions exist.

Why timing matters: Evidence disappears, witnesses forget, and estates get distributed. Acting quickly preserves your rights.

Will contests are highly specialized. You need a lawyer experienced in estate litigation who can:

• Assess the strength of your grounds
• Review available evidence
• Calculate the cost-benefit of proceeding
• Navigate complex procedural rules

Request copies of:

• The will being probated
• Any prior wills
• The application for probate
• Estate trustee’s inventory of assets

These are public documents once probate is filed.

Collect all supporting evidence as outlined above: medical records, witness statements, financial documents, and expert opinions.

File an Application to challenge the will’s validity. This includes:

• Your affidavit with evidence
• Supporting documents
• Expert reports
• Witness affidavits

If you believe a will is invalid, get legal advice quickly to understand your options and the evidence required to succeed.

Contact Pinto Shekib LLP at info@pintoshekib.ca or 416.901.9984 to schedule a confidential consultation about contesting a will or estate disputes.