Lexpert.ca
July 22nd, 2025
Learn how to handle an estate dispute under Canadian law. This guide will help you understand the grounds for disputing a will and its effect on the division of assets.
Last will and testaments are like a final letter of a loved one after death. This outlines how they want to divide and distribute their assets to the people they leave behind. As a rule, the law respects the wishes of the deceased and guarantees compliance with the will. However, certain requirements must be met to make the will operative.
In some cases, wills are contested by an heir or a person claiming to be an heir. If this happens, the law steps in to help determine and interpret the true intention of the person who wrote the will, also known as the “testator.”
On what grounds can you contest a will in Canada?
Contesting a will in Canada must meet stringent requirements of law. After all, the last will is the final desire of the deceased and voiding or altering it must be made only if there’s sufficient evidence. Grounds for disputing a will can be categorized into two groups: intrinsic and extrinsic validity. Intrinsic validity refers to problems with the testator while extrinsic refers to the form of the will itself.
Currently, the following grounds may be used to file an estate dispute:
- Undue influence
- Lack of capacity to make a will
- Testator’s intentions are unclear
- Mistakes or non-compliance with formal requirements
- Fraud and forgery
Wills are unlike any other legal document because they are tied to personal relationships. Emotions often run high after the death of a loved one and estate disputes only fuel those emotions.
