How much does it cost to contest a will in Ontario?

Contesting a will in Ontario is a litigation process and can be expensive. Costs depend on the complexity of the case, the grounds being argued (lack of capacity, undue influence, improper execution, fraud), whether the matter settles or goes to trial, and how long the proceeding takes.

Legal fees for a contested estate matter can range from several thousand dollars for a relatively straightforward dispute that settles early, to tens or hundreds of thousands of dollars if the case goes to trial. Disbursements, expert fees (such as medical experts on capacity), and court costs add to the total.

The question of who pays costs at the end is significant. Traditionally, estate litigation costs were often paid from the estate, but courts have increasingly ordered unsuccessful parties to pay costs personally. If your challenge is unsuccessful, you may be ordered to pay a portion of the winning party's legal fees.

Before committing to litigation, an experienced estate litigation lawyer can assess the strength of the grounds, the likely cost, and the realistic chance of success. Mediation is often ordered in estate disputes and can resolve matters at lower cost.