How to Challenge a Will? – All FAQs Answered
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
Challenging a will requires expert and professional help through a lawyer to tackle the estate disputes. A lawyer can better identify the faults with the will and resolve problems within no time. They can guide you through the whole process and help you understand the basics of a will.
Many people challenging the will have several questions to ask a lawyer; here are answers to a few of them.
1. How to Dispute or Contest a Will to Win?
The will does not have to be fair and can hurt you if you’re not kept in the will. You might be close to the person, and you still might be left out of the will. The person preparing the will has testamentary freedom as per Canadian law. In short, you’re not eligible to contest or challenge the will based on your emotions only. It’s best to seek expert advice to find a reasonable ground to challenge the will.
2. On What Grounds Can I Challenge a Will?
The will can be contested on different grounds, such as if a third party interfered with the will or if the person was not in the right state of mind when preparing the will. The testamentary freedom also has a few limits, for instance, not allotting the right compensation to the person who provided care to the deceased person.
Moreover, the will can also be contested on the grounds that the deceased person was legally bound to offer support to a person when they were alive. The person preparing the will must leave an allowance under their name in the will. Furthermore, a separate allowance must also be included in the will for the common-law spouse as per the laws. Lastly, a dependent holds the right to claim the rights for different assets of the deceased person, such as their life insurance as well.
3. What Will Happen If There Is No Will or If It Is Invalid?
If the deceased person leaves no will or if the will turns out to be invalid, then it means that the person died ‘intestate.’ Once it happens, the property of the deceased is then distributed according to the laws in that province. For instance, in Ontario, if the person is married, an amount of $200,000 is given to the spouse with no children. However, if the deceased has children as well, then the $200,000 is divided between the children and spouse through a formula.
If the deceased person was not married and did not have any children, then the property is given to the next closest relative. Remember that a common-law spouse has no automatic right in an intestacy but can ask for a dependent’s claim.
4. What is Probate?
It’s simply like proving to the authorities that you’re eligible or have the right to execute the will. The person goes with the required documents to the Estate Registrar. After verification, the person is granted the ‘certificate of appointment as estate trustee’ that the person can take to the bank, land registrars, etc., to show their right to the deceased person’s property.
5. Who Can Challenge the Will?
Any person with a financial interest in the deceased person’s property can challenge or contest a will.
6. How to Challenge the Will?
There are a few steps that the person needs to follow to challenge or contest a will. The first step is to file a notice with the Estates Registrar to show that you’re eligible to take control of the deceased person’s property. This step must be done right after the person’s death to avoid any issues later on. By doing it as early as possible, the person filing the claim can be appointed as the estate trustee without any court hearing.
You can also do it later on after learning about the content of the will and wish to stop the executor from taking control of the deceased person’s property.
Hire a Lawyer to Challenge a Will
If you’re planning to challenge a will, then you need legal representation for it. Nanda & Associate Lawyers is the best legal firm to help you with the process. They hold years of experience in the field and have helped hundreds of clients with legal proceedings.
They are also one of the finest Canadian immigration lawyers in the country. Their team speaks different languages to assist as many clients as possible. They have a combined legal experience of 120+ years, so don’t waste your time and get in touch with them for more details.
About the Author
The author works for Nanda & Associate Lawyers and handles their blog section. The author is currently pursuing a law degree and is working for the firm to gain legal exposure before graduation. The author takes a keen interest in family and immigration law.