What Happens If Someone Challenges a Will During the Probate Process in Ontario?

If someone challenges a will, the probate application may not move through as a routine file, and how long it takes depends on the dispute. Ordinary applications are typically processed within 15 business days, but the registrar must refer an application that raises issues to a judge.

How long a dispute takes depends on the issues, the evidence and the court's schedule, so no fixed timeline applies. Until it is resolved, the person meant to act may have no certificate, and the estate normally has to be probated if the deceased owned real property or assets held by a financial institution. The Land Titles Act also generally requires a certificate of appointment before an estate trustee deals with land. Whether the estate trustee can take any steps in the meantime depends on the facts and the court's orders.

If you have a financial interest, you may file a request for notice (Form 74P) at any time before a certificate is issued, and it expires three years after filing unless renewed. Any person with a financial interest may also apply or move for directions. A lawyer can tell you which steps fit your situation, including how a challenge is started and answered.