WILL CHALLENGES

A will challenge is a legal proceeding that asks the court to declare a will invalid — either in whole or in part. When successful, the court may set aside the challenged will entirely, revert to an earlier valid will, or distribute the estate as if no will existed.

Common Will Challenges

A will cannot be successfully challenged simply because you disagree with it or feel you deserved more. There must be a recognized legal basis. Common grounds include:

Lack of testamentary capacity — the person who made the will did not fully understand what they were signing. They may have been suffering from dementia, cognitive decline, or another condition that affected their ability to understand the nature and consequences of making a will.

Undue influence — someone pressured, manipulated, or coerced the deceased into making or changing a will in their favor. This is particularly common where a caregiver, new partner, or family member had significant control over the deceased in their final years.

Fraud or forgery — the will was forged, altered, or the deceased was deceived into signing a document they did not understand to be a will.

Improper execution — Ontario law requires a will to be signed and witnessed in a specific way. A will that does not meet these formal requirements may be invalid regardless of the deceased’s intentions.

Suspicious circumstances — where the circumstances surrounding the making of the will raise serious questions about whether it truly reflects the deceased’s free and independent wishes.

How We Help

Step 1: We listen to what happened. You tell us the full story — your relationship with the deceased, the circumstances surrounding the will, and why you believe something went wrong.

Step 2: We assess your case honestly. Not every concern amounts to a valid legal challenge. We give you a straight assessment of whether what you’ve described is likely to succeed and what evidence you would need to support it.

Step 3: We gather the evidence. Will challenges often turn on medical records, financial records, witness accounts, and communications from the deceased’s final years.

Step 4: We start the legal process. Through negotiation, mediation or litigation, our Will challenge lawyers advance your case.

Frequently Asked Questions

What happens to the estate while the litigation is ongoing?
The estate is generally frozen pending the outcome of the challenge — meaning assets are not distributed until the dispute is resolved. In some cases, interim court orders may be needed to protect estate assets.
What if the executor refuses to cooperate?
The executor has legal obligations to work in the best interest of the estate. If they are obstructing the process, the court can intervene. In serious cases, an executor can be removed entirely.
Can a will challenge be settled without a trial?
Yes, many Will challenge cases resolve through negotiation or mediation before trial. A negotiated resolution can save time, cost and the emotional toll of prolonged litigation.

Contact Pinto Shekib LLP, Your Toronto Will Challenge Lawyers

Call 416.901.9984 or email info@pintoshekib.ca for a confidential consultation.