Will Requirements

Under Ontario law, a will must generally meet certain requirements to be valid. Some of these requirements include a written document, a signature by the testator at the end of the document and acknowledgment by two witnesses. However, there are many other requirements and exceptions depending on the individual circumstances. In addition, there are instances in which a will may be challenged. It is usually a family member who challenges a will's validity. When a will is challenged, estate litigation ensues.

Common Challenges To A Will

Some of the common challenges in estate litigation include:

  • Disinheritance
  • Testator mental capacity
  • Undue influence
  • Gifts
  • Creation of trusts

In addition to these challenges, there may be other valid reasons for challenging a will. It is important to consult with a lawyer to discuss the validity of the will and the will's execution. At Fred Tayar & Associates, we can evaluate all relevant documents and information in order to determine your options.

Estate Litigation Often Involves Underlying Issues

While will contests are frequently at issue in estate litigation, matters may also include intestacy (dying without a will), passing of accounts or removal of executors. Underlying most cases in estate litigation is some family conflict which creates a different dynamic than most litigation. Our lawyers understand this component of estate litigation and will work with you to find a resolution so your family can move forward.

If you believe you have a valid will challenge or you have a question about the division of an estate, do not hesitate to call our Toronto office at 416-363-1800. You may also contact us online.