Undue influence (captation), as you may know, is a reason to annul a Will. This means that the singing person was not really making a free and informed choice. In other words, somebody else has strongly and fraudulently affected his … Read More

Power of attorney A power of attorney is a contract in which a person (mandator) authorizes another person (mandatary) to represent and perform certain act on his behalf. For example, you might want to go on a long vacation and … Read More

Say, you want to contest a Will and you need some proof. What are the good proofs? A bad argument is often worse than no argument, because it irritates a judge and opens way for the claim of abusive procedure … Read More

You are sure that the Will “smells bad” and yet the testator was in his sound mind? Then the question is usually if the testator’s consent to change his Will was free and informed (not based on a mistake). Or … Read More

Capacity to testate often becomes a reason to contest a Will. In Laroque c Gagnon (2016 QCCA 1237) the Court of Appeal has looked into the case where the person signed a Will, while already being incapable totally and permanently, … Read More

You want to probate a mandate in case of incapacity (now called a “protection mandate“)? The mandator’s mental stalility is probably already changed, most probably. Likewise, same might be true about the personality itself. For instance, memory loss, aggressive behaviour, … Read More

Access to medical files to contest a Will is a serious question. A disinherited person often contests the Will for undue influence and incapacity of the deceased. In addition, a contesting person sometimes invokes blindness and deafness . Most importantly, … Read More

A formally correct Will can be still an invalid and vice versa. This is why the Court of Appeal did remind in Nazzari c Nazzari, 2016 QCCA 1334: improbation is not always necessary. Even if the Will is notarial and … Read More

You found a new Will in your favour. But the other heirs say it’s too late. So what is your time limit to contest a Will? Three years after is too late, says the Court in Dumoulin (Sucession), Re( 2003 … Read More

You think some reasons to contest a Will do not apply in your case? You might be making a mistake. Attacking validity of a Will, remember to put all the allegations possible in your application. This is what the Court … Read More