When to Challenge a Will: Capacity, Undue Influence, Fraud, and Other Grounds

A will is meant to reflect someone’s final wishes, but not every will is free from problems.

In some cases, questions arise about whether the document truly reflects the deceased person’s intentions.

Disputes can be emotional and complex, particularly when families feel something isn’t right.

That’s where estate dispute lawyers in Toronto often step in, guiding people through the process of questioning a will and protecting their rights.

Lack of Capacity

One of the most common reasons to challenge a will is a concern about the person’s mental capacity when it was signed.

To make a valid will, the individual must:

• Understand what a will is and what it does
• Know the extent of their property and assets
• Recognise who might reasonably expect to benefit from the estate

If a person was suffering from dementia, a serious illness, or another condition that impaired their decision-making ability, their will may be invalid.

Medical records and testimony from doctors can be crucial in proving this ground.

Undue Influence

Sometimes, a vulnerable person may be pressured or manipulated into changing their will.

Undue influence doesn’t always involve threats — it can be subtle and take the form of persistent persuasion or emotional control.

Red flags often include:

• A sudden or drastic change to the will that favours one person over others
• Isolation of the deceased from family or friends before the will was made
• Dependence on one individual for care, money, or companionship

Courts take claims of undue influence seriously, but the burden of proof usually rests with the person challenging the will.

Fraud and Forgery

Fraud occurs when someone tricks the testator into signing a will or misrepresents what they are signing.

Forgery may involve falsifying the document or forging the signature.

Both situations undermine the validity of the will entirely.

Evidence such as handwriting analysis, witness testimony, and inconsistencies in the document can all help uncover fraud.

These cases can be difficult to prove, but they are critical in protecting the integrity of an estate.

Improper Execution

A will must be signed and witnessed in line with strict legal requirements.

If these steps aren’t followed correctly, the will could be deemed invalid.

For example:

• Not having the required number of witnesses present
• Witnesses who are also beneficiaries (which may create a conflict)
• Missing signatures or unclear dates

Even technical mistakes can raise questions, especially if they create doubt about the will’s authenticity.

Family Disputes and Practical Considerations

Beyond the legal grounds, family tensions often play a role in whether a will is challenged.

Feelings of unfairness or confusion can lead to disputes, even if the will appears valid on the surface.

It’s important to consider:

• Whether the potential benefits outweigh the financial and emotional costs of litigation
• If mediation might resolve concerns without going to court
• The evidence available to support the challenge

Taking Action

Challenging a will isn’t about undermining someone’s legacy — it’s about ensuring their true wishes are respected.

If you believe a will is invalid due to lack of capacity, undue influence, fraud, or errors in execution, seeking professional advice is essential.

A lawyer can explain your options, help gather evidence, and guide you through what can often be a stressful process.

By understanding the legitimate grounds for a challenge, families can make informed decisions and protect both their rights and their loved one’s legacy.