Filing or facing a caveat
A caveat, filed with the Superior Court of Justice, prevents a Certificate of Appointment from being issued until it is withdrawn or the dispute behind it is resolved. Anyone with a genuine interest can file one, but a caveat is not itself a lawsuit; it buys time to bring a formal challenge and expires if nothing follows.
An estate trustee facing a caveat, or considering filing one, should get legal advice quickly: the deadlines that follow a caveat are short.
Grounds for challenging a will
A will can be challenged on several grounds: that it was not properly signed and witnessed, that the deceased lacked testamentary capacity to understand what they were signing, that someone exercised undue influence over them, or that the will resulted from fraud or a fundamental mistake. These challenges are heard by the Superior Court of Justice and, if successful, can result in an earlier will, or the intestacy rules, applying instead.
Who can be appointed while a dispute is live
Where a dispute makes it unsafe for the named or applying estate trustee to act with full authority while the issue is unresolved, the court can appoint an estate trustee during litigation, a temporary role limited to preserving and administering the estate's assets without the power to make final distributions. This keeps bills paid and property protected while the underlying dispute is decided.
We can act for an estate trustee during litigation, or apply to have one appointed, while that dispute plays out.
Disputes over accounts and compensation
Not every dispute is about the will itself. A beneficiary can object to specific items in the accounts, the amount of compensation claimed, or a transaction the trustee entered into, through a notice of objection when the accounts are passed before the court. These disputes are decided on the accounting record rather than on the will's validity.
Your steps
Who's involved
Hears challenges to the will's validity and disputes over accounts, and can appoint a temporary trustee.
Must have a genuine interest in the estate, and bears the burden of proving grounds like incapacity or undue influence.
A court-appointed, temporary role that preserves and administers assets without making final distributions.
Advises on the grounds available, files or responds to a caveat, and represents the estate through the dispute.
Documents you will need
Tools for this stage
Questions people ask
What does filing a caveat actually do?
It stops the court from issuing a Certificate of Appointment while the caveat is in effect. It is a holding measure, not a decision on the merits, and it must be followed by a formal court process or it will lapse.
What is testamentary capacity, and who has to prove it?
The mental capacity to understand the nature of making a will, the extent of one's property, and the claims of people who might expect to benefit. Once a will is properly signed and witnessed, capacity is generally presumed, and the person challenging it usually has to raise real doubt before the burden shifts.
What is an estate trustee during litigation?
A court-appointed trustee who manages and preserves estate assets while a dispute over the will or the proper trustee is unresolved. They can pay bills and protect property but cannot make final distributions until the dispute ends.
Can beneficiaries dispute compensation without disputing the whole will?
Yes. A notice of objection to accounts can target compensation or a specific transaction on its own, decided on the accounting record, separately from any question about whether the will itself is valid.
Also in this centre
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Related centres
Other Learning Centres for the same transaction.
Sources
General information about Ontario law as of 5 September 2026, not legal advice. It does not create a lawyer–client relationship.
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