Ontario Estates Law Practice Exam

The status of a fraudulent will significantly impacts the estate distribution process. A fraudulent will is one that has been created or changed based on deceit, misrepresentation, or coercion. In such cases, the law does not recognize the fraudulent will as valid.

When a will is ruled fraudulent, it becomes void, meaning it holds no legal effect. As a result, the estate cannot be distributed according to the fraudulent will. Instead, the estate reverts to the terms of any previous valid wills made by the deceased. If no prior valid wills exist, the estate will be distributed according to intestacy rules, which govern how the estate of a person who dies without a valid will is divided among their heirs according to the law.

This understanding is crucial, as it underscores the importance of genuine and properly executed wills in the estate planning process. Invalidating a will due to fraud prevents misuse of the estate plan and protects the rights of beneficiaries intended by the deceased.