Estate Planning
5 minutes reading time

Contested Wills: Navigating the Inheritance Battleground

Written by:
The Tabuchi Law Team
Published on:
The Tabuchi Law Team
November 1, 2023
The Tabuchi Law Team
November 1, 2023

When the final wishes expressed in a will don't align with expectations, it can lead to a tug-of-war between grieving family members and beneficiaries. In Ontario, as in many places, a will is often seen as the definitive voice from beyond the grave – but what happens when that voice is called into question? Contesting a will can be a heart-wrenching, complex process. Yet, it's sometimes necessary to ensure fairness and to honour what the deceased truly wanted.

This comprehensive guide is designed to walk you through the labyrinth of contested wills in Ontario, shedding light on the importance of knowing the facts, grounds for contesting, steps involved, and why expert legal advice is crucial in these delicate situations.

Why Wills are Contested: Unearthing the Facts

When emotions run high and significant assets are at stake, understanding the nuances of contesting a will is essential for anyone on the inheritance battlefield. In Ontario, a will can be contested for a handful of reasons. Each case is unique, but understanding the common grounds for such disputes can provide clarity and direction.

Grounds for Contesting a Will

Contesting a will in Ontario isn't something taken lightly by the courts. There are specific, legally recognized grounds for contesting a will:

  1. Lack of Testamentary Capacity: This is a claim that the person who made the will, known as the testator, was not mentally capable of understanding the implications of their will at the time it was created. Medical evidence, witness statements, and other forms of documentation are crucial in proving this point.
  2. Undue Influence or Coercion: A credible belief that the testator was pressured or manipulated into signing the will may be considered invalid. Proving undue influence is challenging and often requires a substantial burden of proof, such as evidence of isolation from other family members, drastic changes to the will, or a beneficiary who had the means and opportunity to exert such influence.
  3. Improper Execution: A will must adhere to specific legal formalities. In Ontario, the will must be in writing, signed by the testator, and witnessed by two people who are not beneficiaries or spouses of beneficiaries. Any deviation can render the will invalid.
  4. Fraud or Forgery: If evidence suggests that the will was forged or the testator was deceived into signing it, the will can be contested for fraud.
  5. Revocation: If a newer will exists or there was an act of cancellation, such as physically destroying the will, this can be a reason to contest.

Understanding these grounds is the first step in assessing whether a challenge is warranted and viable.

The Importance of Knowing the Facts

Arming yourself with knowledge can be your greatest asset in an inheritance dispute. It's about the emotional quest for justice and the strategic application of legal expertise. Understanding the grounds for contesting a will in Ontario can help decide whether to embark on this challenging journey and how to navigate the road ahead.

The Procedural Map: Steps to Contest a Will in Ontario

If you believe you have valid grounds to contest a will, the following steps outline the typical process:

Step 1: Determine Your Eligibility to Contest

Not everyone has the standing to contest a will. In Ontario, you must typically be a current or former beneficiary, a dependent of the deceased, or an inheritor under the rules of intestacy (if there were no will).

Step 2: Consult with an Estate Litigation Lawyer

Before any legal action is taken, you need to consult with a lawyer who specializes in estate litigation. They will look at your case's merits, explain your rights, and then outline the risks and benefits of proceeding.

Step 3: File a Notice of Objection with the Court

If you decide to proceed, the next step is to file a Notice of Objection with the Ontario Superior Court of Justice. This legal document formally states your intention to contest the will and outlines the basis of your claim.

Step 4: Gather and Review Evidence

Building your case will involve gathering comprehensive evidence. This could include the will itself, previous wills, medical records of the deceased, correspondence, witness statements, and any other documents that support your claim.

Step 5: Pre-Trial Proceedings and Discovery

Before a trial, both sides will exchange evidence and take part in examinations for discovery, where parties are questioned under oath about the facts of the case.

Step 6: Settlement Discussions or Mediation

Many cases are settled out of court. Settlement discussions or mediation may occur, where an independent mediator assists both parties in reaching an agreement.

Step 7: Trial

If a settlement can't be reached, the case will proceed to trial, where a judge will hear the evidence from both sides and make a ruling.

What to Do if You Think a Will Is Invalid

The discovery that a will may not truly reflect the wishes of a deceased loved one can be deeply troubling. If you're in Ontario and question the validity of a will, it's important to act deliberately and thoughtfully. Below, we'll guide you through the steps and considerations if you suspect a will is invalid.

Immediate Steps to Consider

Step 1: Collect Your Thoughts and Evidence

Before you take formal action, please gather your thoughts and any preliminary evidence supporting your suspicions about the will's validity. This might include:

  • Inconsistencies or Surprises in the Will: If the content of the will is vastly different from what was previously communicated or expected without explanation, it could be a red flag.
  • The Deceased's Mental State: If you have concerns about the testator's mental capacity near the time the will was executed, gather evidence to support this. This could be medical records or witness statements from those who interacted with the testator around that time.
  • Circumstances of the Will's Creation: Were there any unusual or hurried circumstances when the will was made? Was a new individual suddenly involved in the process who may have exerted undue influence?

Step 2: Secure Legal Representation

Once you've collected your initial thoughts and evidence:

  • Seek Legal Counsel: Consult an estate litigation lawyer specializing in contested wills at Tabuchi Law. In Ontario, legal professionals with experience in this area can offer critical advice on the viability of your case.
  • Legal Review: Have your lawyer review the evidence. They may also suggest securing a copy of the will and any other relevant estate documents, such as previous versions of the will.

Step 3: Understand the Timelines and Deadlines

Ontario has strict timelines for contesting a will, known as limitation periods. Your lawyer can inform you about these deadlines and help ensure you take action within the appropriate timeframe to protect your rights.

Investigating the Will's Validity

Step 4: Formal Evidence Gathering

If, after preliminary review, your lawyer believes you may have a case, the next step is to gather formal evidence. This often involves:

  • Document Requests: Obtaining a full copy of the will and any codicils (amendments to the will), the deceased's medical records, and other pertinent documents.
  • Witness Interviews: Speaking with those who witnessed the will's signing or have knowledge of the testator's intentions and state of mind.
  • Expert Opinions: In some cases, it may be necessary to hire a handwriting expert to verify signatures or a medical expert to assess the testator's capacity.

Step 5: File a Notice of Objection

Should you decide to proceed, your lawyer will file a Notice of Objection with the Ontario Superior Court of Justice. This document shows that you are planning to contest the will. It prevents the estate from being distributed until the matter is resolved.

Preparing for the Contestation Process

Once you've filed a Notice of Objection, prepare for what can be a lengthy process:

  • Discovery: Both parties will exchange information and evidence. You'll be expected to present the evidence you've gathered and receive proof supporting the will's validity.
  • Mediation: Before going to trial, you may have the option—or be required—to mediate to resolve the dispute without court intervention.

Understanding the Financial Implications

Contesting a will is not only emotionally taxing but also financially demanding. Legal fees, court costs, and the possibility of paying for the other side's costs if you lose all add up.

Emotional and Financial Readiness

Emotional Considerations:

  • Family Relationships: Consider the impact of contesting the will on your family dynamics. It's an emotionally charged process that can sometimes lead to long-standing rifts.
  • Personal Resilience: Be prepared for an emotionally taxing journey. Ensure you have a support system to help you through the potentially stressful times.

Financial Considerations:

  • Cost Assessment: Understand the potential costs involved in contesting a will, including lawyer's fees, court costs, and possibly the costs of the other party if you are unsuccessful.
  • Long-Term Impact: Consider the long-term financial implications of engaging in a will contest, including the impact on your finances and the estate's value.

If you think a will in Ontario is invalid, taking measured steps is crucial to address your concerns effectively. From gathering evidence to understanding the emotional implications, it's a path that requires both legal and personal preparedness. With the right approach and the support of experienced legal professionals like our team at Tabuchi Law, you can navigate this complex process while seeking to honour the true intentions of your loved one's legacy.

The Vital Role of Expert Legal Advice

The success of a will contest often hinges on the quality of legal advice and representation. In such complex and emotionally charged disputes, a knowledgeable and experienced lawyer is not just a luxury but a necessity.

Choosing the Right Legal Partner

Selecting a lawyer with a proven track record in wills and estate litigation. Look for a law firm with dedicated resources for handling contested wills, such as our experienced team at Tabuchi Law, who can bring expertise and understanding to your unique situation.

Personal Impact and the Path Forward

Contesting a will can take a significant emotional toll on all parties involved. It's crucial to not only prepare legally but also emotionally for the journey that lies ahead.

Emotional Toll and Family Dynamics

Be prepared for the emotional challenges and potential fallout within the family. It's essential to balance pursuing what you believe is just with maintaining family relationships.

The Role of Mediation in Inheritance Disputes

Mediation offers a path to resolving disputes outside the courtroom, often preserving family relationships and reducing costs. In Ontario, it's a common and encouraged approach to estate litigation.


Contested wills are a complex estate law area fraught with emotional and financial implications. It's a domain where the value of informed decisions and expert legal advice cannot be overstated. With the proper knowledge and a skilled legal team, you can navigate these challenging waters, ensuring that the final wishes of your loved ones are respected and upheld.

Inheritance disputes are never just about assets and legal documents; they are about people, memories, and the legacy left behind. It's why expert advice from professionals like those at Tabuchi Law can decide between a prolonged conflict and a resolution that brings peace and closure to all parties involved.

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