How much does it cost to contest a will in Canada?
Contesting a will can cost from $15,000-$30,000 for a straightforward, quickly-settled matter to $100,000-$250,000 or more if it proceeds to a multi-day trial with expert evidence (capacity, undue influence). Costs escalate quickly with discoveries, medical experts, and handwriting or valuation experts.
Who pays the legal costs in an estate dispute?
Traditionally estate litigation costs were paid from the estate, but modern courts increasingly apply the ordinary rule that costs follow the event, meaning the losing party may pay a portion of the winner's fees. Courts may still order costs from the estate where the litigation was reasonably caused by the testator or is a genuine interpretation dispute.
What are the grounds to challenge a will in Canada?
Common grounds include lack of testamentary capacity, undue influence, lack of knowledge and approval, improper execution (formal invalidity), fraud or forgery, and dependant's relief claims (where a spouse or child was not adequately provided for). Each has a different evidentiary burden.
Is estate mediation cheaper than litigation?
Almost always. Many provinces mandate or encourage mediation in estate disputes (Ontario has mandatory mediation for estates in certain regions). Mediation typically costs a fraction of a trial, resolves faster, preserves privacy, and helps preserve family relationships, so it is usually attempted before trial.