Ontario Barrister and Solicitor Practice Exam

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Which of the following is NOT a ground for challenging a will?

Lack of testamentary capacity

Disagreement with the will's provisions

Disagreement with the will's provisions is not a recognized ground for challenging a will. In legal terms, a person may find a will's provisions to be unfair or unsatisfactory, but personal dissatisfaction alone does not provide sufficient legal basis to dispute its validity. The law focuses on specific criteria that must be met for a will to be deemed valid, and personal disagreement does not fall under those criteria.

On the other hand, lack of testamentary capacity involves a situation where the testator was not mentally capable of understanding the implications of creating a will at the time it was made. Undue influence refers to a scenario where the testator was improperly pressured into drafting the will in a particular way. Improper execution addresses failures in following the required formalities in creating a will, such as not having the correct number of witnesses. These grounds are rooted in legal standards that protect the integrity of the testamentary process, whereas personal disagreement is subjective and does not meet legal thresholds for challenging a will.

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Undue influence

Improper execution

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