The traditional rule in Ontario is that one cannot challenge a will while the testator is still alive. However, in recent years, there have been some cases in which judges have expressed a willingness to adjudicate upon the validity of a will prior to the testator’s death. These cases might be mere anomalies or they might be signs that the general rule is weakening.Read More
In Ontario a Will Challenge addresses a number of questions. Did the testamentary document comply with the formalities of execution? Did the testator have testamentary capacity? Was he subject to undue influence? Did the testator know and approve of the contents of the will? The answers to these questions will impact on the validity of a will.