What Do You Do If You Are Left Out of A Will?

We’ve all been there—if not centre stage, then with front row seats. The script that unfolds is painful and, increasingly, all too familiar: upon the death of an elderly parent, you discover you have been inexplicably left out of the will in favour of a stepparent and or a sibling. It feels unjust. Ultimately, you pursue the only avenue available: challenging the validity of the will that disinherited you.

What can you do if you’re left out of a will?

You have two options:

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Option 1: Bring a dependent support claim 

A person in need—typically, but not necessarily, a family member—who was dependent on the deceased for support can claim for continued financial assistance from the estate.

Option 2: Challenge the will‍

This option is more complex. The grounds for challenging a will are three-fold.‍

Three factors to prove:

• The deceased lacked capacity when the will was drafted
  ‍It’s difficult to prove someone wasn’t of sound mind since the law presumes they were. Proof of their incapacity could come from medical records or people familiar with the deceased’s condition or behaviour. If a lawyer prepared the will, they must verify their client was mentally capable.
  Just so you know, courts will place weight on capacity tests conducted by an assessor (such as a social worker) close to the time the will was executed—unless there is a valid reason for challenging them.
  

• Undue influence over the person who drafted the will
  The court will analyze factors such as whether the deceased had depended on the main beneficiary, was isolated, gave property to the main beneficiary before death, used a lawyer previously unknown to the client, and whether the main beneficiary is also the executor and power of attorney. The court will also look at family conflict or major changes from earlier wills.
  

• The will does not comply with required formalities
  The court will declare a will invalid if there weren’t two witnesses, each page wasn’t signed properly, had missing or duplicate pages etc. Your lawyer will walk you through the complete list of formalities. 

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‍Why legal rights regarding wills matter more than ever

‍Abuse and exploitation of the elderly and vulnerable are rising—especially where it concerns estate planning. If you are unexpectedly left out of a will, ask yourself: is it possible abuse or undue influence played a role? Estate courts are here to help. Challenging a will isn’t just about seeking more money; it’s also a way for the court to safeguard the rights of vulnerable people and protect them from manipulation—or from being left with nothing.