Challenging a Will: Navigating the Complex Web of Contesting a Will in Ontario


Estate disputes often unfold in the wake of a family member’s passing, with surviving relatives questioning the contents of the deceased’s Will. Challenging a Will is a multifaceted process, and in Ontario, where the legal landscape is nuanced, understanding the intricacies becomes paramount. This blog aims to demystify the process, incorporating crucial insights into challenging a Will and emphasizing the role of the executor, testamentary freedom, grounds for contestation, and the legal steps involved.

Upon a person’s demise, one of the initial tasks is determining the appointed executor of the estate. The executor shoulders the responsibility of administering the estate, a process not always seamless due to the complexity of Wills. Despite a good Will ideally being clear and unambiguous, mistakes or changes in circumstances may arise after its drafting, prompting beneficiaries to consider challenging it.

Challenging a Will: The Basics

Before contemplating a Will challenge, it is crucial to assess the motivation behind it. Testamentary freedom allows the testator to decide the distribution of their estate, and mere perceptions of unfairness might not provide sufficient grounds for a challenge. The reason for challenging should be clear, guiding legal counsel in determining the most effective course of action.

Challenging a Will requires standing, meaning the challenger must have a financial interest in the estate. In Ontario, the Rules of Civil Procedure broadly permit anyone with a financial stake in the estate to contest the Will, as articulated in rule 75.01.

Grounds for Challenging a Will in Ontario

Lack of Capacity

A Will may be invalidated if the testator lacked the capacity to comprehend its terms at the time of creation. Lack of capacity could stem from the testator’s misunderstanding of the document, its coverage, beneficiaries, or the legal interpretation of the Will’s terms.

Undue Influence

Undue influence arises when an external force coerces the testator into actions against their true wishes. To challenge a Will on these grounds, the court must be persuaded that unfair or improper influence significantly impacted the testator’s decisions.

Improper Execution

Wills in Ontario must adhere to prescribed execution methods. Failure to meet legal requirements, such as the Will being in writing, having two witnesses sign the Will in the testator’s presence, and other requirements pursuant to the Succession Law Reform Act may lead to the Will being set aside.

Fraud, Ambiguity, and Public Policy

Evidence of fraud can be used to prove that a Will was based on misleading, forged or falsified documents. Such evidence of fraud, ambiguity rendering the testator’s intentions uncertain, or violation of public policy can provide grounds for challenging a Will in Ontario.

Initiating a Will Challenge: First Steps and The Limitation Period

Ideally, challenging a Will commences before estate administration. Filing a notice of objection promptly after the testator’s death can temporarily halt estate proceedings. If the estate has already been administered, filing a notice of application to challenge the Will becomes the starting point.

In Ontario, there is generally a two-year limitation period for contesting Wills, starting from the date the potential challenger discovers their case, not necessarily the testator’s death. This timeframe provides a balance, allowing challengers time to organize their affairs while preventing indefinite claims against the estate.


Legal disputes, including Will challenges, can be financially burdensome. Unsuccessful challengers may be responsible for their legal costs and those of the estate. This underscores the importance of a robust case and the value of obtaining legal representation early in the process to assess the case’s merit.

Challenging a Will in Ontario involves navigating a complex legal landscape. Understanding the executor’s role, the principles of testamentary freedom, and the specific grounds for contestation is vital. As the legal process unfolds, the importance of timely action, standing, and adherence to limitation periods cannot be overstated. Seeking the guidance of experienced estate litigation lawyers becomes imperative, not only to navigate the complexities but also to ensure that a case is worth pursuing, saving time and costs in the long run.

Recent Post

Exploring Creative Solutions for Personal Item Division in Ontario Estate Litigation

The Power and Discretion of Trustees in Delaying the Sale of Estate Assets in Accordance With the Terms of a Will

Demystifying ETDL: Understanding the Role of an Estate Trustee During Litigation

Severance of Joint Tenancy

Recent Amendments to the Succession Law Reform Act : What you need to know.