What happens if someone starts a will challenge in Ontario and then wants to discontinue it?
A person who started a will challenge in Ontario, whether by filing a Notice of Objection or a formal court application, can generally discontinue it at any stage, and this happens fairly often once a party reviews the will file, gets disclosure, or reassesses the strength of their concern. Discontinuing typically involves formally notifying the court and the other parties that the challenge is being withdrawn, which then allows the probate process (or the underlying estate administration) to proceed as though the challenge had not been made, subject to any conditions the court imposes.
Discontinuing doesn't automatically resolve every loose end, though. The other side can ask the court to address costs already incurred because of the challenge, and in some cases a court's permission may be required to discontinue if the litigation has progressed to a certain stage, particularly where a trial date has been set or significant steps have already been taken by other parties in reliance on the case continuing. Anyone thinking about discontinuing a will challenge should get legal advice on the process required at that specific stage and the likely costs consequences, rather than assuming that simply announcing an intention to stop is enough on its own.
Key takeaways
- A will challenge can generally be discontinued at any stage by the person who started it.
- Discontinuing formally notifies the court and other parties, allowing the estate process to move forward.
- Costs already incurred because of the challenge can still be addressed even after discontinuance.
- Court permission may be needed to discontinue once the case has progressed significantly.