If a family member or close friend in Manitoba has passed away and you believe you have been left out of the will incorrectly, then you may need to contest the will. This is the legal process of challenging the will in court and attempting to have it declared invalid. There are a few differences in the process depending on whether it is before or after probate. Below are the key points to understand the process of contesting a will in Manitoba in both situations.
When to Contest a Will in Manitoba
Essentially, you should contest a will as soon as possible if you believe there is an issue. You will be required to present evidence to support your claim that the will is invalid or inaccurate. The procedure is complicated and it is important to consult with an experienced attorney that can review the evidence that supports your claim to see if there are valid grounds for contesting the will.
How to Contest the Validity of a Will Before Probate
The process for contesting the validity of a will before probate starts with filing a notice of application with the court objecting to the will. This informs the court of the grounds for challenging the validity of the will and the interest of the applicant. It should be filed in the jurisdiction where the testator resided.
You may be tempted to simply file your application to object to the will, but your claim will likely fail if you do not follow the appropriate procedure and file all necessary evidence. Our firm has helped clients through this process for more than a decade. We can make sure that you present the best legal case possible for contesting the will and that it is done following the necessary procedures.
How to Challenge the Validity of a Will After Probate
There are far fewer legal avenues to pursue if the estate had already gone through probate. You would need to find evidence of an abuse or mistake by the Executor of the will or be able to challenge the validity of one of the descendants. It is a difficult job to be an executor of a will. It is certainly possible for an executor to make mistakes when portions of a will are ambiguous or have changed multiple times. Our firm can review the details of your case and help you figure out if there is a possible way to contest the will after probate.
Visionary Law Corporation has been representing clients with the process of contesting a will in Manitoba since 2006. Our firm has significant experience with this complex procedure and can assist you in pursuing your legal rights. Contact us today to schedule a 30 minute initial consultation.