skip navigation

Will Challenges

To be a valid will, the document must be testamentary in nature, a free expression of the testator’s wishes with respect to the distribution of his or her estate upon death, and conform to the requirements of execution set out in Part I of the Succession Law Reform Act

The common challenges to the validity of a will are:

  • Non-compliance with the requirements of due execution;
  • Lack of testamentary capacity;
  • Lack of knowledge and approval of the contents of the will (taking into consideration any “suspicious circumstances”); and
  • Presence of undue influence.