Contesting a Will requires an application to the Nova Scotia Supreme Court (Probate Division). Not every disagreement with a Will's contents is a valid legal ground for challenging it.
Who Can Contest a Will?
Only a person with legal standing can contest a Will — typically beneficiaries named in the Will, those who would have inherited under a prior Will, or those who would inherit if the Will were found invalid (under intestacy rules). Simply being a family member does not give automatic standing.
Valid Grounds
Lack of testamentary capacity — the Testator did not understand the nature of the document, the extent of their property, or their natural heirs. A Will made during severe dementia or acute illness may be challenged on this basis.
Undue influence — another person pressured or manipulated the Testator into making decisions they would not otherwise have made. Proving this is difficult; being persuasive is not enough.
Fraud or forgery — a Will that was forged or obtained through fraudulent misrepresentation to the Testator is invalid.
Failure to meet formal requirements — improper witnessing (only one witness, or a beneficiary as witness) may render the Will invalid.
What You Cannot Do
Feeling that the Will is unfair is not a legal ground for contesting it. A dependent spouse or child may apply for dependant's relief under the Testators' Family Maintenance Act, but this is distinct from contesting validity.
Reducing Your Will's Vulnerability
A properly prepared and executed Will with a notarized Affidavit of Execution significantly reduces the risk of a successful formal challenge. Where capacity or undue influence is a concern, a contemporaneous note from a physician and a clearly written letter of wishes (separate from the Will) can help establish context.