In Quebec, it is possible to contest a will if there are valid grounds, such as doubts about the testator’s (the person who made the will) mental capacity, suspicions of fraud or undue influence, or irregularities in the form of the will. However, to prevent disputes over estates from dragging on indefinitely, Quebec law imposes a strict deadline for initiating a contestation. It is important to be aware of these deadlines in order to avoid losing your rights.
Deadline to contest a Will
The deadline to contest a will is generally three years from the date of the testator’s death. This period applies to heirs or individuals affected by the estate who wish to challenge the validity of the will. It gives them time to assess the situation, consult a lawyer if necessary, and initiate legal proceedings if needed. After this three-year period, the courts may refuse to hear a contestation, except in exceptional cases.
It is also important to note that in certain circumstances, the three-year deadline may start later. For example, if the person contesting the will discovers new information after the death, such as evidence of fraud or manipulation, the deadline may be extended. However, the individual must demonstrate that this information was not known at the time of death and that it has a direct impact on the validity of the will.
Finally, it is essential to understand that contesting a will is a complex process that can have significant consequences for the administration of the estate. This is why it is recommended to consult an experienced lawyer in estate law as soon as a doubt arise. The lawyer can assess the situation, inform you about the applicable deadlines in your specific case, and guide you through the legal process if you decide to contest the will.
Allen Madelin Lawyers work on daily basis with Wills and Estates issues, consulting the clients and representing them in Courts. For details, please contact us by phone: 1 514 904 4017 or by email: [email protected].
