Best Tax Preparation Services in Tecumseh, ON

Can a Child Contest Being Left Out of a Parent's Will in Ontario? In Canada, children can contest being left out of a parent's will under specific circumstances. Grounds for contesting a parent’s will is if the parent deceased lacked mental capacity at the time he or she made the will. If you believe someone pressured your parent to make decisions in a will that do not reflect their true wishes, you claim undue influence. In Canada, a valid will requires the testator's signature in the presence of two witnesses, who must also sign. If the will is tampered with or forged, it is invalid and may be contested as such. If you were receiving financial support from a deceased parent, you may be eligible to file a dependants’ relief claim, but you must act quickly. Under Ontario's SLRA, you must file within six months of probate. To challenge a will for any reason, you must file a notice of objection before probate or start a court action afterward. You will need to provide evidence that supports your claim, no matter which grounds you are filing under. If no valid will exists, Ontario’s SLRA governs intestate succession and determines how the deceased’s estate will be distributed among children or other heirs. You must prove through a court action that a will was invalid or never existed. To avoid missing filing deadlines or making critical errors, you may want to consider seeking legal from an estate litigation lawyer.