Jul 21, 2026
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Add us on GoogleAn estimated $1 trillion wealth transfer is expected from Canadian baby boomers to their Gen X and millennial heirs between 2023 and 2026, according to Chartered Professional Accountants Canada. Those waiting on that money have a specific figure in mind — a recent Ipsos poll conducted for Sun Life found that Canadian millennials expect to inherit an average of $309,000, while boomers who plan to leave their full estate to their children expect to pass down closer to $940,000. In reality, the typical payout is often much smaller: Statistics Canada’s most recent Survey of Financial Security found that homeowners who received an inheritance had a median value of $85,100, up from $67,000 in 2019.
But what happens if you’re expecting an inheritance and another family member gets it changed behind your back?
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In this hypothetical situation, Tom was promised a $400,000 inheritance from his grandmother. Instead, Tom’s father convinced her that her estate should only go to her children — not her grandchildren. Grandma updated her will, and Tom’s expected windfall was snuffed out in tandem.
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Does Tom have any way to get his inheritance back? Should he push his grandmother to reverse the change, or is there a better path forward? Here’s what Canadian estate law says about situations like this.
Tom can talk to his grandmother, but he needs to tread carefully
Tom’s most logical first move is a conversation with his grandmother. But how he approaches it is of utmost importance — and he needs to accept he may not get the outcome he wants.
Under Canadian law, a mentally capable adult has the right to leave their estate to anyone they choose, even if that decision disappoints the people who expected to inherit. This is known as testamentary freedom, and it’s one of the foundations of estate law in every Canadian province and territory.
That means pressuring his grandmother to reverse the change carries real risk. If Tom pushes too hard, he could end up looking like he’s doing exactly what he accused his father of doing.
A better approach, according to Canadian estate lawyers, is encouraging Grandma to meet with her own independent lawyer — without any family members present. A good estate lawyer will assess her mental capacity directly and can bring in a doctor or social worker if there’s any doubt. That lawyer will also plainly ask her why she changed her will and document what she says — this creates a record that protects her true wishes either way.
If Grandma genuinely wants her children — not her grandchildren — to inherit, that record backs her up. If she was pressured into it, an experienced lawyer will often pick up on it.
This approach may not get the will changed back. But it does give Grandma the chance to make her own decision about her legacy — which, in the end, is probably what Tom really wants.
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Tom should figure out whether Grandma acted of her own free will
Whether Tom confronts his grandmother directly or not, the real question is why she made the change.
Canadian courts draw a clear line between a person simply changing their mind and a person being coerced into a decision they didn’t actually want to make. The Supreme Court of Canada set the modern Canadian test for undue influence in Vout v. Hay, ruling that anyone challenging a will must show — on a balance of probabilities — that the pressure was strong enough to override the person’s own free will. Simply making a persuasive argument doesn’t meet that bar.
In other words, if Grandma changed the will because she agreed with her son’s reasoning, that’s not undue influence — even if Tom isn’t particularly fond of the outcome. But if she was pressured, isolated or manipulated into a decision she wouldn’t otherwise make, that’s a different story, and could be grounds to challenge the will in the future.
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According to Canadian estate litigation lawyers, warning signs to watch for include a grandparent who:
- Seems confused, fearful or isolated from the rest of the family
- Has become financially or emotionally dependent on one relative
- Can’t explain, in their own words, why they made the change
- Suddenly replaces the beneficiary with someone in a position of trust
If any of those signs are present, the priority shifts from recovering an inheritance to protecting an older adult from possible financial abuse — keeping evidence in case a legal challenge materializes is also necessary.
The courts can help, but usually only after death
If Tom’s grandmother was truly pressured into changing her will, he may eventually be able to ask a court to step in — however, in almost every case, that must wait until after she passes away.
After Grandma’s death, if her will goes into probate, Tom — as someone who would have inherited under the earlier will — would generally have legal standing to file a formal objection. He can also ask the court to throw out the new will on the grounds of undue influence or lack of testamentary capacity. But he’d need to move quickly: the time limits to challenge a will vary by province, and in most cases run about two years from the point someone knew, or reasonably should have known, they had a claim.
Estate litigation lawyers also warn that challenging a will is expensive. Canadian courts can order the losing party to pay a portion of the other side’s legal costs on top of their own — a real risk that can eat through whatever is left of an estate before anyone sees a dollar of it. That’s one more reason getting Grandma in front of her own independent lawyer now, while she’s able to speak for herself, is often the most prudent investment.
What Canadians can learn from Tom’s situation
Family disputes over an inheritance are rarely only about money. They’re about fairness, love and who gets the final say over a lifetime of work. Here are a few Canadian-specific steps that can help mitigate this tough scenario:
- Remember testamentary freedom is strong in Canada. A relative is generally allowed to change a will in a way you disagree with, even late in life, as long as they’re mentally capable and acting on their own. Disagreeing with the outcome isn’t, by itself, grounds to challenge it.
- If you suspect pressure or manipulation, encourage a relative to seek advice — don’t demand it. Suggest they meet alone with an independent lawyer, ideally one they didn’t find through the person you suspect of influencing them.
- Watch for the real warning signs. Isolation from family, sudden dependency on one relative, fear, confusion and an inability to explain a change in their own words are what lawyers look for, not just an outcome you don’t like.
- Know the deadline. Because wills and estates fall under provincial and territorial law, the timeline to challenge a will — and the process for doing so — differs across Canada. Talk to an estate lawyer licensed in your area as soon as concerns come up.
- Keep inherited assets separate. In most provinces, money or property inherited during a marriage is excluded from the assets divided if that union later ends — but typically only if you keep it separate from joint accounts or shared property.
- Get a lawyer before emotions take over. An estate litigation consultation usually costs far less than a drawn-out will challenge — and it will tell you honestly whether you have a case worth pursuing.
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Christy Bieber a freelance contributor to Moneywise, who has been writing professionally since 2008. She writes about everything related to money management and has been published by NY Post, Fox Business, USA Today, Forbes Advisor, Credible, Credit Karma, and more.
