Estate Litigation: Who Can Contest A Will?

In any application to set aside a Will, there is the threshold issue of whether the person has standing to bring the proof in solemn form action.  An individual would seek to set aside a Will when they believe it is invalid by reason of improper execution, the testator did not have capacity, or the testator was unduly influenced. In addition, the Saskatchewan Court of Appeal commented on the potential operation of the historical doctrine of righteousness, which would allow the Court to set aside a Will if a person could not justify the "righteousness" of the transaction when that person was "instrumental" in the drafting of the Will and either received a benefit greater than other beneficiaries or if other circumstances exist that raise the "suspicion" of the Court.¹