Contesting a Will in Ontario: What to watch out for?

Ontario’s updated rules around will challenges place a strong emphasis on early evidentiary support. Ontario courts have introduced a minimum evidentiary threshold that must be met before a will challenge can proceed. Our Founder, Kristine Anderson, a Lexpert Expert in Estates says, “the challenger must present some evidence which, if accepted and not answered by the propounder of the will, would cast doubt on the will.” If this burden is not met, the case will not be allowed to move forward. “The threshold was developed to prevent fishing expeditions by disappointed beneficiaries and upholds Ontario's strong history of preserving testamentary freedom,” she adds. Need advice on challenging a Will: contact Fern Law.

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