Will Challenges

You may be able to challenge a Will or codicil based on the following grounds:

• improper execution, which means that the testator did not sign the Will or codicil, or have such documents witnessed according to the legal requirements;
• the testator did not know of, or approve of the contents of the Will;
• the Will is a fraudulent document;
• at the time the testator made the Will he or she lacked testamentary capacity;
• the testator was unduly influenced by someone into making and signing the Will.

When circumstances surrounding the making of a Will or codicil are “suspicious,” it may be possible to invalidate the Will or codicil. However, suspicious circumstances on their own are not enough to invalidate a Will. They must give rise to one of the grounds listed above, and be proven, in order to reach the conclusion that the document is invalid.

The issue of the application of a limitation period in a Will challenge has come up in the case law recently, as it had not been entirely settled. You should consult a lawyer on this issue if you think a Will is invalid. There are many factors that need to be considered in determining the application of limitation periods.