You’ve Been Left Out Or You Think Something Is Wrong.
You were close to someone your whole life. Then they passed away, and the will looks nothing like what you expected. Maybe you’ve been cut out entirely. Maybe everything went to someone who appeared only in the final months and seemed to have an unusual hold over the decisions being made.
The grief is real. So is the confusion. What you may not know is that Ontario law gives you a recognized legal process to challenge that will. Contesting a will in Ontario is not about being unhappy with a decision; it is about whether the will itself is legally valid. Here is what you need to know before you take any steps.
What Does It Mean to Contest a Will in Ontario?
Contesting a will in Ontario means formally challenging the legal validity of a will through the courts. A successful challenge can result in the will being set aside, with the estate distributed under a prior valid will or under Ontario’s intestacy rules.
The governing statute is Ontario’s Succession Law Reform Act, which sets out the requirements a will must meet: it must be signed by the testator in the presence of at least two witnesses, who must also sign in the testator’s presence, and the testator must have had the mental capacity to make the will at the time of signing.
A common misconception is that once the certificate of appointment of estate trustee (probate) has been granted, the will is untouchable. It is not. Ontario courts can consider challenges to a will’s validity even after probate has issued, though acting before probate is always preferable.
Who Has the Right to Contest a Will in Ontario?
Not everyone can challenge a will. You must have a legal interest in the estate, typically as:
- A named beneficiary in the current or a prior will
- A spouse or common-law partner of the deceased
- A dependant of the deceased
- An intestate heir, someone who would inherit if no valid will existed
What Are the Valid Grounds to Contest a Will in Ontario?
Being unhappy with the will’s contents is not a legal ground. Ontario courts examine whether the will itself is valid. There are four recognized grounds for challenging a will in Ontario:
Lack of Testamentary Capacity
The testator must have understood the nature of making a will, the extent of their property, and who would naturally expect to benefit. Questions of testamentary capacity most often arise where the deceased had dementia, a significant mental illness, or was heavily medicated near the time of signing. Medical records and the timing of any diagnosis are critical evidence. Note that a diagnosis alone is not conclusive; capacity is assessed at the specific moment the will was signed.
Undue Influence
Undue influence occurs when someone in a position of power, a caregiver, family member, or advisor, pressures or manipulates the deceased into making or changing a will. Courts look at whether the beneficiary was involved in arranging the will, whether the testator was isolated from others, and whether there were sudden, unexplained changes in the estate plan. This is the most frequently suspected ground and among the most difficult to prove.
Fraud or Forgery
A forged will is invalid. So is one where the testator was deceived into signing under false pretences, for example, believing they were signing a power of attorney. These claims require solid documentary evidence, handwriting analysis, and witness testimony.
Improper Execution
If the will was not signed or witnessed correctly under the Succession Law Reform Act, for example, if a witness had an interest in the estate, the will may be invalid on execution grounds. This is often the most straightforward ground to establish, turning on documentary evidence rather than disputed facts.
Why Many People Don’t Realize They Can Challenge a Will
Many people assume that once a will is filed for probate, it is legally final. It is not. A certificate of appointment of estate trustee does not extinguish the right to challenge. Courts regularly consider estate disputes after probate has been granted.
Others stay silent because they fear being seen as difficult or fear damaging family relationships. We understand both concerns. A confidential consultation with FDT Law does not commit you to litigation; it simply gives you the full picture so you can make an informed choice. Raising a legal concern about a will is not disrespectful to the deceased. In many cases, it is an effort to ensure the estate reflects what they actually intended.
How Do You Actually Contest a Will in Ontario?
Filing a Notice of Objection
If probate has not yet been granted, the first step is filing a Notice of Objection with the Ontario Superior Court of Justice. This pauses the probate process while the challenge is examined and prevents estate assets from being distributed prematurely. Acting before probate issues is always preferable, simpler, less costly, and more protective of your position.
The Court Process
If probate has already been granted, the challenge proceeds as an estate litigation claim. This typically involves gathering evidence (medical records, earlier wills, financial records, correspondence), examinations for discovery, potential expert testimony, and, in many cases, a negotiated resolution before trial.
What Happens If the Challenge Succeeds
If the will is declared invalid, the estate is distributed under a prior valid will or, if none exists, under the intestacy rules of the Succession Law Reform Act. Under intestacy, assets pass to the surviving spouse and children first, then to more distant family members.
Critical Steps to Take If You Want to Contest a Will
Step 1: Act Quickly and Preserve Evidence
If probate has not yet been granted, filing a Notice of Objection can pause the process before assets are distributed. Once distributed, recovery is significantly harder. Begin preserving relevant documents immediately: earlier wills, medical records, correspondence between the deceased and the primary beneficiary, financial records, and a personal log of relevant incidents with dates.
Step 2: Do Not Distribute the Estate Without Legal Advice
If you are the estate trustee named in the disputed will, do not take further steps to distribute assets without first speaking to a lawyer. Distributing assets while a challenge is pending creates significant personal liability for the trustee.
Step 3: Speak to an Estate Litigation Lawyer First
Ontario’s general limitation period is two years from when the claim was discovered, but acting sooner preserves more options and evidence. FDT Law’s estate litigation team serves Innisfil and Midland.
Speak to us before contacting the estate trustee or other family members.
How an Estate Litigation Lawyer in Innisfil and Midland Can Help
Assessing Whether You Have a Viable Claim
FDT Law will give you an honest assessment from the first conversation: whether you have standing, what grounds are available, what evidence exists, and what the realistic prospects look like. We have been doing this work for clients across Innisfil, Midland, and Simcoe County for over 50 years. Every client deserves to leave that first conversation with clarity.
Guiding You Through the Process
Our estate litigation team can advise on standing, file a Notice of Objection where needed, gather evidence, negotiate with the estate trustee and beneficiaries, and resolve many disputes without going to trial, and represent you in court if needed.
Thinking of Contesting a Will in Ontario? Let’s Talk.
Raising concerns about a loved one’s will is not easy, especially while grieving. But your rights do not disappear because an estate trustee is moving quickly or because other family members are pushing back. If you have concerns, you deserve to know whether they have legal merit before you sign anything or walk away.
FDT Law’s estate litigation team serves Innisfil, Midland, and the wider Simcoe County area, including Barrie, Bradford, Orillia, Collingwood, and Penetanguishene. We offer consultations to help you understand your grounds and options.
Call FDT Law’s Innisfil office: (705) 436-1701
Call FDT Law’s Midland office: (705) 526-1471
Book a consultation: fdtlaw.ca/contact
Our estate litigation practice: fdtlaw.ca/our-expertise/civil-litigation/employment-wrongful-dismissal/
Frequently Asked Questions About Contesting a Will in Ontario
Can anyone contest a will in Ontario?
No. You must have a legal interest in the estate: as a named beneficiary in the current or a prior will, a spouse or common-law partner, a dependant, or an intestate heir who would inherit if no valid will existed.
What are the grounds for contesting a will in Ontario?
Four recognized grounds: lack of testamentary capacity, undue influence, fraud or forgery, and improper execution under the Succession Law Reform Act. Being unhappy with the will’s contents is not a valid ground.
How long do I have to contest a will in Ontario?
Ontario’s general limitation period is two years from when the claim was discovered. Acting before probate is granted is strongly preferred; a Notice of Objection can pause the process and protect your position.
What happens if I successfully contest a will in Ontario?
The will is declared invalid, and the estate is distributed under a prior valid will or under the intestacy rules of the Succession Law Reform Act. Assets pass first to a surviving spouse and children, then to more distant family members.
How do I start contesting a will in Ontario?
If probate has not been granted, file a Notice of Objection with the Ontario Superior Court of Justice. If probate has already been granted, commence an estate litigation claim. Speak to an estate litigation lawyer before taking either step.
Is contesting a will expensive in Ontario?
Costs vary with complexity. Many estate disputes are resolved through negotiation before trial. A consultation with FDT Law will give you an honest picture of the realistic cost and risk profile for your specific situation.
