How do I challenge a will or claim dependant support from an estate in Ontario?
A will can be challenged for lack of capacity, undue influence or improper execution, and a dependant who was being supported can claim adequate provision under Part V of the Succession Law Reform Act.
There are two distinct routes. The first is a will challenge: the will is attacked for want of testamentary capacity, undue influence, lack of knowledge and approval, or failure to meet the formal execution requirements. A challenger with some evidence can serve a notice of objection and seek directions, which typically opens up medical records, the drafting lawyer's file and financial records.
The second is a dependant support claim under Part V of the Succession Law Reform Act. A spouse, child, parent or sibling to whom the deceased was providing support, or was under a legal obligation to support, can ask the court to order adequate provision out of the estate even where the will is perfectly valid.
Timing matters. Dependant support applications are subject to a short limitation running from the grant of a certificate of appointment, and estate assets can be distributed in the meantime.
Source: Succession Law Reform Act, R.S.O. 1990, c. S.26
This work is handled by Leena Kumar (Wills & estates). Read more about wills & estates at VK Law Group, or send us the facts and we will tell you where you stand.
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