What to do next
Preserve the evidence of the making of the will
The drafting solicitor's or notary's file is frequently decisive - it records instructions, who was present, and what capacity assessment was done. Request it early, before files are closed or destroyed.
Assemble the medical picture
Records around the date of execution: cognitive assessments, medication, hospital notes, and observations from those who saw the testator regularly. Capacity is assessed at the time the will was made, not before or after.
Document the circumstances, not the unfairness
Isolation from family, a beneficiary arranging the appointment or instructing the drafter, sudden changes benefiting a recent arrival, dependency on the beneficiary. That a will is unfair is not itself a ground.
Act before the estate is distributed
Once assets are distributed, recovery is far harder. A notice of objection or an order staying distribution may be available, and both are time-sensitive.
Weigh the cost against the estate
Estate litigation is expensive and costs are not always paid from the estate. Mediation resolves a large share of these disputes and preserves relationships that litigation ends permanently.
Frequently asked questions
Is it enough that the will seems unfair?
No. Testators may distribute their estate as they choose. The grounds are capacity, knowledge and approval, undue influence, or formal invalidity.
What counts as undue influence?
Pressure that overbore the testator's own judgement - coercion rather than persuasion or affection. Isolation and dependency on the beneficiary are the circumstances courts examine most closely.
Who has to prove what?
Generally the person propounding the will proves capacity and knowledge and approval; the challenger proves undue influence. Suspicious circumstances can shift that balance, which is why the drafting file matters.
How long do I have?
Limitation periods are provincial and can be short, and practical urgency is greater still - challenge before distribution. Get advice as soon as you have concerns.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.