It is common for people to be concerned about their Will being contested. We have even heard suggestions that just by using an online service, your Will is more likely to be contested. However, there are eight specific grounds for challenging a Will in Canada. Using an online service is not one of them.. A will contest or challenge is a formal objection raised against the validity of a will. It is based on the argument that the will in question does not reflect the actual intent of the testator (the person who made the will) or that the will is otherwise invalid. When the will contest is filed in probate court, it is also referred to as probate.
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Each ground is briefly explained below. It's still important to consult with a wills and estates lawyer if one's circumstances apply to any of these grounds. 1. Fraud and forgery. In contesting a will, fraud may mean that the will was not the testator's, or that it was altered or changed without the testator's consent.. The Wills and Succession Act outlines the guidelines for creating a valid Will in the province. Some key considerations include: Testamentary Capacity: You must be of sound mind and over the age of 18 to create a valid Will in Alberta. This means that you must have the mental capacity to understand the nature and consequences of creating a Will.