In Quebec law, a Will is an important legal document that allows a person to express his or her last wishes regarding the distribution of his or her property after death. However, some people may have valid reasons to contest a Will. There are several grounds for contesting a Will in court, and these are governed by the Civil Code of Quebec. The main purpose of these grounds is to protect fairness in the distribution of assets, and to ensure that the testator’s true wishes have been respected.
The first reason to contest a Will
The first reason to contest a will is the testator’s lack of mental capacity. For a will to be valid, the testator must have been in full possession of his or her mental faculties at the time of writing. If a person suffers from cognitive impairment, dementia or is under the influence of medication that alters his or her ability to understand the scope of his or her actions, the will may be declared invalid. Medical evidence or testimony from close relatives can be presented to demonstrate this mental incapacity.
The second reason to contest a Will
Another common reason to contest a will is the existence of undue influence or manipulation. If a person has been coerced or improperly influenced by someone when drawing up their will, the document can be contested. This is often the case where someone in a position of trust, such as a relative, carer or advisor, has used their influence to get the testator to change their wishes in their favour, to the detriment of other heirs.
The third reason to contest a Will
Lack of formal conformity is also a frequent reason to contest a Will. According to the Civil Code of Quebec, there are three types of will: holograph Wills (handwritten by the testator), notarial wills and wills made in the presence of witnesses. Each type has specific formal requirements. If these requirements are not met, the document may be annulled.
The fourth reason for contesting a will
Finally, another reason for contesting a will is error. This occurs when a person has been misled about the nature or effects of the will they were signing. For example, if the testator thought he was signing another document, or if he was misled about the content of his will, this could constitute a case for contestation. Aggrieved heirs can present evidence to show that the will does not truly reflect the testator’s intentions, and ask the courts to declare it null and void.
Allen Madelin Avocats works daily on protective mandates, Wills and Estates, advising clients and representing them in Courts. For further details, please contact us by telephone: 1 514 904 4017 or by e-mail: info@amlex.ca.