Challenging a will is a legal process wherein interested parties contest the validity of a deceased person’s will. This can be a complex and emotionally charged undertaking, often requiring substantial evidence and legal expertise. Here’s a breakdown of the steps involved in challenging a will:
Grounds for Challenging
The first step in challenging a will is establishing valid grounds for contestation. Common grounds include lack of testamentary capacity (the deceased was not of sound mind when making the will), undue influence (someone pressured the deceased into making changes against their wishes), fraud, or a failure to comply with legal formalities during the will’s creation and signing.
Initiating the Challenge
To begin the challenge, interested parties typically file a petition or claim in the appropriate court. This must be done within a specified time frame, often shortly after the will is admitted to probate. The court will then review the claim and notify all interested parties, including beneficiaries under the current will.
Burden of Proof
Those contesting the will bear the burden of proof, meaning they must provide convincing evidence to support their claim of invalidity. This often involves medical records, witness testimony, or other documentation that supports the alleged grounds for challenge. The standard of proof required can vary depending on jurisdiction, but it generally requires a preponderance of the evidence or clear and convincing evidence.
Conclusion
Challenging a will is not a decision to be taken lightly, as it can be emotionally and financially draining for all involved. Seeking professional legal advice early in the process is crucial to understand the specific requirements and probabilities of success in your jurisdiction. By understanding the grounds, process, and burden of proof involved, interested parties can navigate this challenging legal terrain with clarity and confidence.Estate Litigation Lawyers Toronto