How do you contest a Will...what are the reasons for contesting a will
Province/Territory relating to question: Ontario
How do you contest a Will
Hello:An application would be filed with the probate court indicating that the Will is being contested. Reasons for contesting a Will can include if a person that was financially dependent on the deceased has been left without adequate financial provision due to the terms of a Will. The court has the ability in that case to reapportion the estate assets as it sees fit, as there is law that a person is not free to draft a Will and Disregard a child or spouse that is dependent on them.A Will can also be challenged if the person making the challenge believes it is not legally valid for some reason, such as that the person making it did not have proper mental capacity to make a Will at the time that it was signed or that any instructions were given, such as to a lawyer, to prepare the Will. To have this capacity a person must be able to understand the extent of their estate, such as what property and debts they have, and understand and appreciate fully the terms of the Will and any instructions given about drafting that Will. Other reasons a Will could be invalid are if the person challenging proves that it was not properly signed by the deceased, such as showing it is not in fact that person' signature or that it was not properly witnessed, or that it was signed by the deceased in mistake thinking he or she was signing some other document.A Will can also be challenged by proving that there is another Will, made after the one in question, that exist which was intended to be the final testamentary document of the deceased.A Will can also be challenged if it was made in suspicious circumstances or where there was undue influence or duress when instructions were given or it was signed, such as where there is proof that a person was forced to sign against their Will, or they were improperly influenced to sign a Will against their own true wishes for some reason. The jurisdiction of the court to deal with the matter could also be challenged, if it is a situation where the person had significant property in a different province or out of the country or was living out of the province.Your question was very general, so please let me know if you have some further follow up question or more specific question.
Specifically there is a challenge from three of the four beneficiaries toward the fourth benefactor ...a sister who is being accused of credit card fraud where she alledgedly used her mothers credit card to make gains financially some 15 years ago ... the executor...a brother...and the other two siblings are saying that debt on their mothers credit card should be paid from the 4th sisters' share of what remains of the estate and I..the 4th sisters husband needs to know how they can hold that up without sufficient proof that fraud was committed as there was no police action...the 3 other siblings say that the mother was hounded and harrassed by collection agencies for years and contributed to the mothers death ... my take on this matter needs to be looked at by you please ...the executor could present the collection agency with the formal Certificate of Death and the agency should have to write off the debt as UNCOLLECTIBLE ...no?>>>> thankyou ...
This would not involve a challenge to the will, but it is still possible for a beneficiary to apply to a court if an executor is not properly paying out the estate funds. The court can order a payment from the estate, or remove the executor and appoint an administrator of the estate. If the debt was owing by the deceased person, then it remains payable by the estate. The collection agency could not just be told the debt is cancelled due to death.But there is no legal authority for an executor to try and reduce the payment required under the Will to a beneficiary based on that executor claiming hat the beneficiary is responsible for a debt from many years ago that is in the mother's name. It would be up to the executor to start a lawsuit on behalf of the estate to seek a judgment against the beneficiary to prove that this person owes money to the estate. And it is possible that such a lawsuit would be prevented due to the limitation period expiring.
with over 15 years experience.
With this answer that you supplied i have staved off a situation that may have just deteriated into a bad family problem moving forward ...i'm happy with the resulting actions from all parties and we've resolved the issue ...until the nezt issue arises ..again thank you law .hut
That is great to hear. Good luck to you.