Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Estate Litigation

Disagreements About A Will

A Will is a legal document in which a testator provides for what will happen to their estate after death.  In Ontario the making of a Will, with some exceptions, must satisfy certain tests.  The Will must, for example, be in writing, and if typewritten it must be signed by the testator in front of two witnesses both of whom were present at the same time. Witnesses to a Will should not be a beneficiary under the Will, a spouse of a beneficiary, as the gift to them would be invalidated, nor should the witnesses be younger than 18 years old.  These conditions are important and recognize the significance of a Will in giving force and effect to the wishes of the testator.  A Will has no effect while the testator is alive, but comes into effect immediately on death, unless challenged.

It is not uncommon for disagreements to exist after the death of a testator.  Generally, the first source of disagreement will be over the validity of the Will itself.  Another source of disagreement regarding the Will may be the clarity of its terms, for example, the identification of a beneficiary or the language used to distinguish among or between beneficiaries as to a gift.  The possibilities of this kind of dispute occurring are many.  A third kind of disagreement can be as to whether the Will is wholly effective, or whether parts of it are so unclear as to fail.  In this case, an intestacy occurs, meaning that there is no valid disposition of the subject gift for lack of clarity.  A fourth type of disagreement may involve undue influence and suspicious circumstances calling into question whether the contents of the Will represent the true intent and free will of the Testator.

These types of disagreements require experienced counsel.  If an out of court solution is available, we have the experience to find it.  If litigation is required, we have the team to provide efficient and cost conscious representation.

Connect with our Team

Offices in Ottawa and Perth     (613) 722-1500

Related Service Areas

Dependant Support Claims
Disagreements Over Capacity
Disagreements Over Estate Administration With A Will
Disagreements Over Estate Administration With No Will
Disagreements Over Power Of Attorney
Disagreements Where There Is No Will
Equalization Of Property After Death
Guardianship Applications And Disagreements
Passing Of Accounts
Private Mediations And Arbitrations
Variation Of Trusts

More Resources

Blog |
Family Law
Co-parenting with your ex-partner can be challenging. It involves constant coordination and communication about various aspects of your children’s lives. Whether it is about schedules,[...]
Blog |
Wills, Trusts and Estates
Over time, individuals could acquire assets in different jurisdictions that are governed by different legal systems. Similar to the consideration of double wills in distinguishing[...]
Blog |
Family Law

Posted January 31, 2024

In the first part of this series, we reviewed the background, trial, and appeal to the Saskatchewan Court of Appeal in Anderson v Anderson. This[...]
Blog |
Practice Management

Posted January 26, 2024

On July 17, 1797, ten lawyers were present at the Wilson’s Hotel in Newark, Upper Canada, to read “An Act for the better regulating the[...]
Blog |
Business Law

Posted January 23, 2024

A not-for-profit corporation incorporated pursuant to the Canada Not-for-Profit Corporations Act (the “CNCA”) is required to maintain certain records, including records as to its members,[...]
Blog |
Employment, Labour, and Human Rights

Posted January 17, 2024

In November of 2023, the Ontario government introduced new legislation, once again, amending the Employment Standards Act, strengthening employment and labour laws in the province.[...]

Subscribe to Our Newsletter

"*" indicates required fields

This field is for validation purposes and should be left unchanged.