Can I contest a will in Saskatchewan, and who is allowed to?
This answer covers the law of Saskatchewan.
Whether you can contest a will in Saskatchewan depends on who you are and why you object. Dependants, including a legal, common-law or same-sex spouse, children under 18, and adult children unable to support themselves due to disability, may claim under The Dependants' Relief Act, 1996 where the will makes inadequate provision.
A surviving spouse may also be able to apply for a family property order, but a spouse who signed a valid waiver cannot apply. The deadline for that application can be short, so confirm it with a lawyer promptly. If you doubt the will itself, Saskatchewan courts allow a will to be proven in solemn form and a caveat to be filed. How a court weighs suspicious circumstances, undue influence or fraud depends on the facts, so it is worth confirming with a lawyer.
Time limits can be short, so gather a copy of the will, note your relationship to the person who died, and speak with a lawyer early about whether you have standing and which deadlines apply.
Key takeaways
- Dependants, including spouses, children under 18 and some adult children with disabilities, may claim where the will makes inadequate provision.
- A surviving spouse may be able to apply for a family property order unless they signed a valid waiver, and the timing is worth confirming with a lawyer.
- A will can be proven in solemn form and a caveat can be filed.
- Undue influence and fraud are for those attacking the will to prove, so gather information and speak with a lawyer early.