Under what condition can a will be invalidated in Ontario?

A will can be invalidated in Ontario if it lacks the requisite capacity or was made under duress. This is rooted in the principle that an individual must have the mental ability to understand the nature of making a will and the consequences of their decisions. Capacity involves sound mind, memory, and understanding, ensuring that the testator knows what they are doing when creating their will. If an individual is under duress, meaning they were pressured or coerced into making a will against their will, it undermines the voluntariness and authenticity of the document.

This foundational concept is crucial in estate law, as it protects individuals from being taken advantage of during vulnerable times. A will made under these circumstances would not reflect the true intentions of the testator and is therefore considered invalid. Understanding this principle is essential for those practicing in Ontario estates law, as challenges based on capacity and duress are common in will disputes.

In contrast, while the absence of trust provisions, a missing witness signature, or unspecified executor duties might affect the practical implementation of the will, they do not inherently invalidate the will itself in the same categorical manner as issues of capacity or duress.