How Long After Probate Can Someone Contest a Will in Ontario?

If you're considering a post-probate will challenge, timing is everything. Many people only learn the full contents of a will after probate has been granted—and by then, the clock may already be ticking. In Ontario, a post-probate will challenge must be brought within certain legal timeframes, depending on the nature of the claim and the type of beneficiary involved.

1. What Is Probate and Why Timing Matters

Probate is the court process that validates a will and officially appoints the executor. Once probate is granted, the executor gains legal authority to administer the estate. But if you’re considering a post-probate will challenge, acting fast is critical—because certain claims are barred if they’re not filed within specific time limits.

2. Key Deadlines for Contesting a Will After Probate

The most common legal timeframes for a post-probate will challenge in Ontario are:

• 6 months after probate is granted for dependent support claims under the Succession Law Reform Act
• 2 years from the date you knew or ought to have known of the issue (e.g., fraud, undue influence, or lack of capacity), under Ontario’s general Limitations Act

Important: These timelines can overlap depending on the nature of your challenge. Consulting with a lawyer is essential to avoid missing your window to file.

3. Can the Deadline Be Extended?

Sometimes—but it’s not easy.

Courts may allow late claims if:

• There was fraud or concealment
• You had no knowledge of the probate or will contents
• The delay didn’t prejudice other parties

However, courts are cautious. If assets have been distributed or significant time has passed, your claim may be denied even if it has merit.

4. What Should You Do If You're Considering a Challenge?

Act immediately upon learning about the will

• Request copies of probate documents and estate accounts
• Consult a lawyer to assess your rights and deadlines
• File a Notice of Objection, if probate hasn’t yet been granted (this freezes the process temporarily)

Key Takeaway

A post-probate will challenge is still possible—but your success depends heavily on how quickly you act. Once probate is granted, the legal timelines are strict, and delay can permanently close the door to your claim. If you believe there are valid grounds to contest a will, speak to an estate litigation lawyer right away.

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