Challenging a Will, Dependent Claims, and Provincial Differences with Canadian Family Offices
On February 6, Sherif Rizk spoke with Renée Sylvestre-Williams for Canadian Family Offices around the circumstances under which an adult child or other beneficiary can challenge a will, and how the rules vary depending on the province.
Whether a will challenge is prompted by a perceived slight, unexpected disinheritance, or ongoing dependence on the deceased, a successful legal claim hinges on both the contents of the will and the claimant’s unique circumstances within the family, often in great detail.
Rizk explained that in Ontario, adult children cannot contest a will unless they can demonstrate a dependent relationship on the deceased, highlighting the specific circumstances under which a claim may be considered by the courts.
Read the full article here:
https://canadianfamilyoffices.com/estate-planning/can-you-challenge-an-unfair-will-it-might-depend-on-where-you-live/
“We do have to get into those nitty-gritty details sometimes, because to the court when it’s faced with a will-challenge application, it is being asked essential to either set aside some or all of the deceased’s will and to perhaps even read into certain vague terms that might have been placed there, whether intentional or accidentally. And that’s a big ask.” –Sherif Rizk
