What happens if a later will is discovered while an Ontario will challenge is already underway?

If a later will surfaces while an existing will dispute is already before the Ontario courts, it generally becomes a central new issue in the same proceeding rather than something dealt with separately. The parties and the court need to determine whether the later document is itself valid — properly signed and witnessed, made with capacity, and reflecting the testator's genuine wishes — because if it is, it would generally take priority over the earlier will (or the portions it addresses) and could significantly change, or even resolve, what the original dispute was about.

In practice, this often means amending the existing court proceeding to bring in the newly discovered will, giving proper notice to everyone with an interest under either document, and potentially expanding the evidence needed, since the later will's own validity may now need to be examined just as closely as the will originally being challenged. It can also affect who has standing in the case, since beneficiaries under the new will may now be added as parties. Because a newly surfaced will can reshape the entire dispute, anyone who discovers or receives a later will during ongoing litigation should notify their lawyer and the other parties immediately, rather than waiting.