Lawyers for Contesting Wills
LAWYERS FOR CONTESTING WILLS
LAW FIRM IN MISSISSAUGA
3 Common Grounds for Challenging Wills
The Capacity Of The Testator
The ‘capacity’ of the testator refers to the mental capacity of a person to make executive decisions on how property and assets should be divided. If a person does not have the mental capacity to create a Will, this will invalidate the Will. Capacity is discussed in a simple way here, but it is more complex, as it involves the legal principle of causality. It is advisable to discuss the grounds on which you are contesting a Will, with a legal representative.
Undue influence refers to one or more parties persuading the testator and exerting undue influence to bring about a certain course of action in regards to the Will. Undue influence is tied to coercion, and the onus is on the person who is contesting the Will to provide evidence that the testator was coerced and pressured into making certain admissions in the Will.
Execution Of The Will
The execution of the Will refers to how the Will was drafted. For instance, under the Succession Law Reform Act (1990), all Wills must be in written form. There is a possibility that the Will may be contested if this provision is not met. Regardless of the reason for contesting a Will, Tailor Law will help to resolve your dispute efficiently and pragmatically.