You can contest a Will if you have sufficient interest to do so, and if you can provide enough evidence to support your claim. In this case, legal procedures before the Superior Court of Quebec are required.
Legal assistance for estate matters
Dealing with wills, trusts and the administration of estates can be complex and stressful. Our team of estate attorneys are here to help take the weight off your shoulders and assist you in overseeing these matters effectively and affordably with professional legal solutions tailored to your needs.
Estate matters and disputes are often complex, pitting family members against each other in a vicious circle that seems to have no way out. Our estate attorneys bring an objective legal professional to your aid, who can help defend your rights and work to ensure a fair closure to estate matters.
Should you contact an attorney?
Estate matters can be complex and difficult to resolve without the right professional assistance. You should contact a qualified estate attorney if one the following situations apply to you:
- No will was drafted
- A family member was left out of the will
- One of the children of the deceased diverted part of the inheritance for his/her own benefit
- An error was made such that the preferences of the testator were violated
- The testator was pressured or influenced when preparing his or her will
- The mental capacity of the testator at the time of the creation of the Will or trust is in question
- A change of circumstances occurred before the testator’s passing that affects the Will
- Belongings and/or property are in foreign jurisdictions
If you’re ready for professional legal guidance to resolve the matter, our estate attorneys can help you in the following ways:
- Petition the court to designate the executor (a.k.a liquidator) of an estate.
- Ensure that as the liquidator of the estate, you perform all duties as required.
- Oversee the liquidation of the estate to ensure the assets are properly managed.
- Ensure the inheritances of all beneficiaries of the will are properly managed and distributed.
- Seek the removal or replacement of a liquidator who may have abused his powers contrary to the interests of the estate or in law
- Seek the annulment of a will when the mental capacity of the testator at the time of signing has been called into question, or who may have been pressured or influenced
- Force the liquidation of an estate in the case of unnecessary delays.
A will can be contested for several reasons, some general grounds include:
- Lack of mental capacity of the author of the will (i.e. testator) at the time of writing or signing of the will and/or the lack of understanding of the nature thereof.
- Modification of the existing will or replacement thereof under duress from a family member or other person
- Any fraudulent activity in the preparation, signature or witnessing of the will
In order to find a copy of a deceased person’s will, a request with the Chambre des Notaires du Québec and the Barreau du Quebec must be undertaken and this includes:
- Completion of the required forms from the Chamber of Notaries and Barreau du Quebec
- Enclosing the required documents with the form (i.e. death certificate etc.)
- Payment of the stated costs
When a Testator nominates a person to be his or her liquidator, this person is not obligated to accept the role. Should this person refuse to assume the role of liquidator, stipulations in the will shall be followed for selecting an alternative liquidator, or one will be appointed by the court.
In the case that a liquidator has accepted the role, but is not fulfilling his or her responsibilities, it is best to consult a lawyer in order to find out what options are available to you in order to have the Estate proceed with its administration.
If there is evidence that the Will was either misplaced and/or accidentally destroyed and not revoked by the Testator, the court may need to hear from someone who saw or heard the Will. In this case, there is no guarantee that anything can be done which is why it is important to ensure that a copy of your will is conserved in a safe place.