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ARTICLE · 20 APRIL 2018

Can A Frivolous Will Challenge Be Stopped?

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In Ontario, the Court has recently emphasized that a cultural shift is necessary in Will challenges to prevent disgruntled relatives who are excluded from an Estate being able to force the Estate ...

CanadaFamily and Matrimonial
David G. Waites
David G. Waites
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In Ontario, the Court has recently emphasized that a cultural shift is necessary in Will challenges to prevent disgruntled relatives who are excluded from an Estate being able to force the Estate to proceed through time consuming and expensive process to prove the validity of the Will.

In the past, a person who was unhappy with a Will simply needed to raise an objection regarding the validity of the Will and the Estate Trustee would have to proceed through the formal process of proving the validity of the Will with the beneficiaries waiting for the outcome before receiving their inheritance. The objection by a person unhappy with a Will was a "matter of right".

Although a motion for summary judgment may have been available to avoid going all of the way to a trial, such motions are still an expensive and time-consuming process for Estates and Estate Trustees.

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