Ontario Barrister and Solicitor Practice Exam 2026 - Free Barrister and Solicitor Practice Questions and Study Guide

Challenging a will can occur on various valid grounds, each addressing a different aspect of the will's legitimacy and the testator's ability to create a valid legal document.

Lack of testamentary capacity refers to the requirement that the person making the will must understand the nature of the act they are performing, the extent of their property, and the claims of those who might expect to benefit from the will. If a testator is found to have lacked this capacity at the time of making the will, it provides strong grounds for contesting its validity.

Undue influence involves situations where the testator has been coerced or manipulated by another party to create or alter their will in a way that does not reflect their true intentions. If evidence shows that a person exerted excessive pressure to influence the testator's decisions about their estate, this can invalidate the will.

Improper execution pertains to the formalities required by law for a will to be valid, such as the need for witnesses or specific signing protocols. If these legal formalities are not followed, the will may not be considered valid.

Given that all of these issues—lack of testamentary capacity, undue influence, and improper execution—can undermine the legitimacy of a will, recognizing that