My father passed in june and once we received a copy of the…

As her name is ***** ***** it doesn't matter what she can prove. She needs to prove nothing except that she is the person named in the Will.

In Ontario a parent is free to leave their estate to whomever they choose. Your father could have left his entire estate to the neighbour for example. Parents in Ontario can disinherit children or treat them differently and even totally unfairly.

There is essentially nothing at all you can do about this.

While there may be some contract that would mean the mother could not make a claim to the estate that would not in any way change the Will.

The only way you can contest this Will is to prove lack of testamentary capacity or undue influence.

I am very sorry this happened to you. I can well imagine how you feel. But the last thing you need is to be further hurt by an incorrect answer. I am a senior lawyer in Ontario and the answer is completely correct and the law is very clear in this area.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating despite telling pretty well the last thing you wanted to hear, but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

It is very hard to prove lack of testamentary capacity. In fact even with those who have fairly advances dementia there are times when they are still mentally competent.

As well, if he instructed a lawyer that lawyer would likely testify that he appeared competent as otherwise the lawyer could not have acted under those instructions.

You would have to show that he didn't understand what the purpose of a Will was and that he didn't understand what his assets were or what his obligations were etc.

It is not that it is impossible to prove but it is very, very hard in cases where he was pretty well functioning but not fully functioning.

You would need medical expert evidence.

It would not make sense to probate a Will you are contesting as the idea is that probate is where the court declares the Will be to valid and you are hoping to say it is not.

But you should know that if this Will is set aside and there is no previous Will then all the children that are biological children will share equally in the estate if there is no legally married spouse. So if that child does DNA testing and is a biological child you are no further ahead.

It seems to me that your best approach is to do nothing until you meet with an estate litigation lawyer who can review all the facts in detail.

She could have DNA testing now using your DNA as a test.

Anyone can denounce their inheritance.

They cannot say they want it to go to someone else.

So either it goes back to the estate or they accept their inheritance and then give it to whomever they want.

You should not go to court at this point in time.

The court will not be able to give directions about whether you father had testamentary capacity or was unduly influenced.

You should not start anything in court until you've consulted with your own lawyer.

This agreement does not affect the child's claim. It only affects the mother's right to bring a claim to the estate.

A parent cannot ever give up the rights of a child, even a minor child.

If she is a biological child she will inherit exactly what you will.

Does that clarify the law?

You are very welcome.

Take good care.