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Difference between revisions of "Challenging a Will"
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==How does the court decide whether to change a will?== | ==How does the court decide whether to change a will?== | ||
The court will consider what a reasonable will-maker would have done. If the will reflects irrational anger or favouritism | The court will consider what a reasonable will-maker would have done. If the will reflects irrational anger or favouritism or ignores the genuine needs of the will-maker’s spouse or children, without good reason, the court may change the will to make it fairer. The court can order that the estate provide for the spouse or children in a way that is “adequate, just and equitable” in the circumstances. | ||
==What if a will-maker is not mentally capable?== | ==What if a will-maker is not mentally capable?== | ||
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*understand the effect of the will | *understand the effect of the will | ||
*appreciate the amount of the property they’re distributing with the will | *appreciate the amount of the property they’re distributing with the will | ||
*understand and appreciate that their will should, if possible, provide for their spouse and children and not unfairly disentitle or exclude them | *understand who their next of kin are and appreciate that their will should, if possible, provide for their spouse and children and not unfairly disentitle or exclude them | ||
==What happens to the estate if the will-maker was not mentally capable?== | ==What happens to the estate if the will-maker was not mentally capable?== | ||
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==What about undue influence or coercion?== | ==What about undue influence or coercion?== | ||
Sometimes unreasonable terms in a will raise the suspicion that the will-maker was coerced or forced into making the document. While there’s nothing illegal in suggesting to someone that they remember you in their will, the court can disallow any gift or inheritance in a will if it was given because of undue influence or pressure on the will-maker. | Sometimes unreasonable terms in a will raise the suspicion that the will-maker was coerced or forced into making the document. While there’s nothing illegal in suggesting to someone that they remember you in their will, the court can disallow any gift or inheritance in a will if it was given because of undue influence or pressure on the will-maker. | ||
It often happens that an older person who has been befriended by another person will leave their entire estate to that person. The Court will make sure that the older person was not “unduly influenced” and had the appropriate mental capacity to make the will. | |||
==What will the court do if there has been undue influence or coercion?== | ==What will the court do if there has been undue influence or coercion?== | ||
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[updated | [updated October 2018] | ||
'''The above was last reviewed for accuracy by Hugh McLellan and edited by John Blois.''' | '''The above was last reviewed for accuracy by Hugh McLellan and edited by John Blois.''' | ||