Ontario Barrister and Solicitor Practice Exam

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How is a challenge to the validity of a will commenced where no certificate of appointment has been obtained?

  1. By filing a complaint with the local authorities

  2. By serving a notice to the executor

  3. By issuing a notice of objection to the SCJ in the district of ordinary residence

  4. Automatically by the state

The correct answer is: By issuing a notice of objection to the SCJ in the district of ordinary residence

When challenging the validity of a will, option A is incorrect because a complaint with the local authorities is not the proper legal process for challenging a will. Option B is incorrect because serving a notice to the executor would only be necessary if the certificate of appointment had already been obtained. Option D is incorrect because there is no automatic process for challenging the validity of a will. Option C is the correct answer because it refers to the proper legal process of issuing a notice of objection to the Superior Court of Justice (SCJ) in the district where the deceased person normally lived. This process allows the court to determine if the will is valid and appoint an executor.

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