The process to legally challenge a will requires the following steps:
Speak with a Lawyer
An estate litigation lawyer can help you understand the process, review the strength of your case, explain the legal costs and answer any of your questions. At Gale Law, we practice exclusively estate litigation and have regularly acted for clients seeking to challenge or uphold wills.
File a notice of objection or return of Certificate of Appointment of Estate Trustee
A Notice of Objection will require the challenger to describe the reasons they consider the will to be invalid (not legally acceptable) and their financial interest in the estate. This Notice, filed with the court registrar, will pause the appointment of an estate trustee if not yet probated (not legally granted yet and no Certificate was issued). If the estate trustee has already been appointed (the will was probated and a Certificate was issued) then you may need to motion (legal request) to have the Certificate of Appointment of Estate Trustee be returned to the court.
Provide Evidence
This will require you to show evidence for the reasons you are challenging the validity of the will. For instance, if you are claiming that the testator lacked testamentary capacity, you might require medical records and a retroactive capacity assessment.
Judge Looks at Evidence
The judge will look at all evidence presented to determine the validity of the will. If this matter is brought in Toronto, Windsor, or Ottawa then the parties must attend mediation (an attempt to settle the matter out of court; mediation is mandatory per Rule 24.1 ) before a final hearing of the matter. Kim Gale has a Masters of Law in Dispute Resolution and is a mediator for estate disputes.
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