Contesting the Validity of a Will in Quebec: Lack of Capacity
February 7, 2025
At Lazarus, we understand the complexities of contesting the validity of a will. One common reason for challenging a will is the lack of testamentary capacity, which refers to the testator's ability to understand the nature and consequences of the will.
Another reason often seen in jurisprudence relates to undue influence, exercised over the testator’s mind and person, and comprised of several elements that are required to be present and established before the court to be qualified as such for the court to annul the will.
Who Can Contest a Will in Quebec?
Anyone with an interest in the estate, such as potential heirs or beneficiaries, can contest a will if they believe it is invalid.
Legal Presumption and Burden of Proof
In Quebec, the law presumes that the testator had the capacity to make a will. Therefore, if you are challenging a will, you must discharge the burden of proof before the court on the preponderance of evidence to the contrary, that the testator lacked the mental faculties needed to understand the nature of the will. This can be shown through medical evidence or circumstantial evidence, such as unusual circumstances surrounding the creation of the will.
Contact Us Today
If you are concerned about the validity of a will and would like to discuss your options for contesting it, don’t hesitate to contact us. We are committed to providing personalized legal services that cater to your specific needs, helping you navigate the complexities of this legal process.
Client Work
Our Senior Lead Litigator, René R. Gauthier, obtained a favourable judgment in an important case before the Superior Court, district of Montreal, in the estate matter of the legendary Montreal Canadians Hall of Famer, the Late Richard W. (Dickie) Moore. On April 8, 2024, the Superior Court granted the application for the annulment of his last will and testament for reason of incapacity in a context that also includes influence. The matter is now in appeal before the Quebec Court of Appeal.