How to Contest or Challenge a Will
For many of us the loss of a family member is a very upsetting and stressful time, and we are not always thinking clearly during this emotional state. As a result, there are often times when an estate is distributed but some beneficiaries feel that it has not been done in accordance with the Will or that they have still missed out in some way. This isn’t uncommon and as any estate lawyer will tell you, a large part of their work involves resolving estate disputes between family members and other beneficiaries.
But if you are tempted to challenge a Will, be aware that there are specific reasons why you can challenge a Will. Although you may feel cheated, this may not alone be sufficient grounds for contesting a Will.
Some General Considerations
If you believe that you have not received a sufficient benefit under a Will and you fit certain criteria, you may be able to challenge a Will. Contesting a Will means applying to the court to have the Will, or parts of the Will, deemed invalid. While there may be a good reason you were left out, there may also be other possibilities.
Since contesting a Will is expensive and time-consuming, it is a good idea to get legal advice before you proceed. In addition, contesting a Will requires formal steps and procedures, and will only be successful if you can provide evidence to support your claim. Because the maker of the Will is deceased, any statements that you allege the deceased said, must be corroborated or confirmed by a witness. Depending on the jurisdiction, you may have to go to mediation and try to resolve the issues. If the case is not settled at mediation, it will then go to trial.
There have probably been a number of situations in your life when you have thought, “I should be preparing a Last Will and Testament.” And for some reason or another you have never actually taken the steps needed to update or create your Will. Don’t feel too embarrassed, because you are certainly not alone. In 2016 only 38 per cent of Canadian adults had signed a legally valid Will. Of those that did, one third were out of date.
Even if the data was restricted to Canadians over the age of 35, only 38 percent of those polled had a legal, up-to-date Will.
Canadian adults with a Last Will and Testament
Canadian adults over the age of 35 with a legal Last Will and Testament
This leaves a lot of people legally unprepared and their families unprotected or provided for.
Why Do Most People Avoid Writing a Will?
Why do most people avoid writing a Will? Recent headlines suggest that people can avoid paying taxes for a considerable period. You just have to know your way around the system. However, none of us can cheat death forever.
“In this world nothing can be said to be certain, except death and taxes”
Immortality is not an option. We all know that one day our time will come. Yet most of us just don’t want to think about it. This is probably one of the most common reasons for not writing a Will.
A Will allows you to decide what happens to your assets and even your children if you die. So why is it that less than half of the adult population of Canada have made a Will? It is an easy process which doesn’t cost much in terms of time or money.
This is now our fourteenth year of offering our Wills service at LegalWills.ca so we have decided to refresh the look and feel of our site. Our website and service are now fully responsive; as well as looking more modern, it is fully functional on all devices including your phone and tablet.
Since August 2010 we have been offering information and entertainment through our blog at legalwills.wordpress.com. There are well over 100 articles there, but with our newly designed site we have decided to migrate our blog over to LegalWills.ca.
So we are starting afresh, but hopefully it won’t take us long to share another hundred or so articles with you.