Challenging a Will - Revision history

Elena Renderos at 04:48, 10 November 2020

2020-11-10T04:48:27Z

Elena Renderos: Elena Renderos moved page Challenging a Will (No. 179) to Challenging a Will: Removing recording numbers from page names

2020-09-12T05:10:07Z

Elena Renderos moved page Challenging a Will (No. 179) to Challenging a Will: Removing recording numbers from page names

← Older revision	Revision as of 05:10, 12 September 2020
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Drew Jackson at 17:32, 31 March 2019

2019-03-31T17:32:57Z

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	{{REVIEWEDPLS \| reviewer = [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert\|date= October 2018}} {{Dial-A-Law TOC\|expanded = wills}}		{{REVIEWEDPLS \| reviewer = [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert\|date= October 2018}} {{Dial-A-Law TOC\|expanded = wills}}
	If you think your spouse or parent did not leave you enough in their will, you may be able to challenge it with a wills variation claim. Learn what’s involved.		If you think your spouse or parent did not leave you enough in their will, you may be able to challenge it with a '''wills variation claim'''. Learn what’s involved.

	==Understand your legal rights==		==Understand your legal rights==
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	===What if I want to leave my spouse or child out of my will?===		===What if I want to leave my spouse or child out of my will?===
	If you’re thinking of leaving a spouse or child out of your will, or leaving them less than they might reasonably expect, see a lawyer. Our information on [[Preparing a Will and Estate Planning (No. 176)\|~~making~~ a will and estate planning (no. 176)]] explains this in more detail.		If you’re thinking of leaving a spouse or child out of your will, or leaving them less than they might reasonably expect, see a lawyer. Our information on [[Preparing a Will and Estate Planning (No. 176)\|preparing a will and estate planning (no. 176)]] explains this in more detail.


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Elena Renderos at 05:52, 29 March 2019

2019-03-29T05:52:39Z

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	{{~~Dial~~-~~A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert\|date= October 2018}} {{Dial-A-Law TOC\|expanded = wills}}

	{{Dial-A-Law TOC\|expanded = wills}}
	If you think your spouse or parent did not leave you enough in their will, you may be able to challenge it with a wills variation claim. Learn what’s involved.		If you think your spouse or parent did not leave you enough in their will, you may be able to challenge it with a wills variation claim. Learn what’s involved.

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	===What if the person dies without a will?===		===What if the person dies without a will?===
	If someone dies without a will, their estate is distributed according to [http://canlii.ca/t/52x69#sec20 the law]. Generally, the estate goes to the spouse, children, and descendants (for example, grandchildren) of the deceased. If there’s no spouse or descendants, the estate will go to other relatives. Our information on [[~~What Happens~~ When ~~You Die~~ Without a Will? (~~Script~~ 177)\|what happens when you die without a will (no. 177)]] explains in more detail how an estate is divided if there is no will.		If someone dies without a will, their estate is distributed according to [http://canlii.ca/t/52x69#sec20 the law]. Generally, the estate goes to the spouse, children, and descendants (for example, grandchildren) of the deceased. If there’s no spouse or descendants, the estate will go to other relatives. Our information on [[When Someone Dies Without a Will (No. 177)\|what happens when you die without a will (no. 177)]] explains in more detail how an estate is divided if there is no will.

	===Do I need to see a lawyer?===		===Do I need to see a lawyer?===
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	===What if I want to leave my spouse or child out of my will?===		===What if I want to leave my spouse or child out of my will?===
	If you’re thinking of leaving a spouse or child out of your will, or leaving them less than they might reasonably expect, see a lawyer. Our information on [[~~Making~~ a Will and Estate Planning (~~Script~~ 176)\|making a will and estate planning (no. 176)]] explains this in more detail.		If you’re thinking of leaving a spouse or child out of your will, or leaving them less than they might reasonably expect, see a lawyer. Our information on [[Preparing a Will and Estate Planning (No. 176)\|making a will and estate planning (no. 176)]] explains this in more detail.



	~~[updated October 2018]~~

	~~'''The above was last reviewed for legal accuracy by [https://www.mclellanherbert.com/Our-Team.shtml Hugh McLellan], McLellan Herbert.'''~~

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Drew Jackson: Drew Jackson moved page The Disappointed Beneficiary (Script 179) to Challenging a Will (No. 179): align with new Dial-A-Law website

2019-03-22T01:04:52Z

Drew Jackson moved page The Disappointed Beneficiary (Script 179) to Challenging a Will (No. 179): align with new Dial-A-Law website

← Older revision	Revision as of 01:04, 22 March 2019
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Dial-A-Law at 05:33, 3 March 2019

2019-03-03T05:33:25Z

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Dial-A-Law at 23:19, 31 October 2018

2018-10-31T23:19:01Z

← Older revision		Revision as of 23:19, 31 October 2018
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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, 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.		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

	It often happens that an older person who has been befriended by another person will leave his or her 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 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 ~~April 2017~~]		[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.'''

Dial-A-Law at 18:59, 27 April 2017

2017-04-27T18:59:07Z

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Dial-A-Law at 17:29, 18 June 2015

2015-06-18T17:29:46Z

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	[updated March 2015]		[updated March 2015]

	~~{{REVIEWED \| reviewer =~~ Susan Hart, Jack Montpellier and Anna Kurt}}		'''The above was last reviewed for accuracy by Susan Hart, Jack Montpellier and Anna Kurt.'''
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Dial-A-Law at 17:25, 25 May 2015

2015-05-25T17:25:52Z

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	[updated March 2015]		[updated March 2015]

			{{REVIEWED \| reviewer = Susan Hart, Jack Montpellier and Anna Kurt}}
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