Contesting a will is one of the most emotionally and financially draining legal processes a family can go through. It pits family members against each other after a loss, costs tens of thousands of dollars, and can take years.

Who Can Contest a Will?

  • Beneficiaries named in the will: If you believe the will is invalid
  • Beneficiaries under a prior will: If the new will is invalid
  • Intestate heirs: If the will is invalidated, intestacy rules apply
  • Dependents: Spouses, children, and others who were financially dependent can claim adequate provision

Grounds for Contesting a Will

1. Lack of Testamentary Capacity

The most common ground. The testator did not understand they were making a will, the nature of their property, who has a natural claim, or the consequences. Medical records and expert psychiatric evidence are central.

2. Undue Influence

Someone pressured or manipulated the testator. Courts look for suspicious circumstances — a caregiver who suddenly receives a large bequest, the testator was isolated, or the will dramatically changed without explanation.

3. Improper Execution

The will was not properly signed and witnessed — witnesses not present at the same time, a beneficiary as witness, or not signing at the end.

4. Fraud or Forgery

The testator was deceived about the will's contents, or the will was not signed by the testator. Rare but valid.

5. Dependent's Relief / Family Provision

Not a challenge to validity — a claim that the will does not provide adequately for a dependent. The court can order additional provision from the estate. This is one of the most common types of estate litigation in Canada.

The Process

  1. Obtain a copy of the will — beneficiaries and heirs are entitled to see it
  2. File a caveat to prevent probate from being granted
  3. Gather evidence — medical records, witness statements, expert reports
  4. Negotiation or mediation — most cases settle here
  5. Trial — rare, but the court can validate, invalidate, or modify the will

How Much Does It Cost?

  • Legal fees: $20,000 to $100,000+ for a contested trial
  • Expert witnesses: $5,000 to $20,000
  • Time: 1–3 years
  • Each side usually bears their own costs

How to Prevent Will Challenges

  • Use a professional: A lawyer-prepared will documents the process and ensures proper execution
  • Document capacity: Obtain a medical assessment at signing if there is any question
  • Avoid suspicious circumstances: Do not have a beneficiary involved in arranging or witnessing the will
  • Provide for dependents: Ensure adequate provision for spouses, minor children, and adult dependents
  • Use a letter of wishes: Explains your decisions — provides context the will cannot
  • Keep the original safe: If lost, the court presumes it was destroyed with intent to revoke
  • Review regularly: Read our guide on when to update your will

At Wills Made Easy, a licensed legal professional prepares your will with the formalities that make it difficult to challenge. Find your city — $395 for individuals, $495 for couples.