There has been a marked rise in families contesting Wills, with growing legal disputes over inheritance. While specific Canadian statistics vary, estate litigation is notably increasing—especially in major urban areas like Toronto and Vancouver—driven by rising property values and larger intergenerational wealth transfers.
Factors Driving the Increase of Contesting Wills
- Economic Instability: Rising living costs and economic pressures make inheritances more critical for many families, prompting more to secure what they see as their rightful share.
- Demographic Shifts: An aging population means more estates to contest, with more deaths and estates of significant value.
- Complex Family Structures: Modern families often include blended families, stepchildren, and second marriages, leading to more potential for disputes when individuals feel their interests are overlooked.
- Mental Capacity Concerns: An increase in dementia and mental incapacity among the elderly fuels disputes over whether the deceased had testamentary capacity when the will was signed.
- Housing Wealth: The dramatic rise in property values, particularly in Toronto and Vancouver, makes estates larger and increases the financial stakes in will contests.
- Public Awareness: Greater publicity from media coverage of high-profile cases and popular television dramas has heightened awareness that legal challenges are possible and sometimes winnable.
- Reduced Tolerance for Disappointment: Social attitudes now favour seeking legal redress if expectations of inheritance are not met, further contributing to litigation.
Takeaway
Keep in mind that a will should be updated every 3-5 years. Regular updates may help reduce the costly litigation that can ensue when your beneficiaries are not satisfied with your will’s provisions. Clear communication with your family about your estate plan can also prevent misunderstandings and disputes.
Just for fun – Estate Planning and the complexities that can arise when family dynamics intersect with Wills and Trusts
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This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions.
