How Long Can You Contest a Will After Death in Canada?

If you're considering a post-death contest of a will, understanding the wills limitation period is critical. In Canada, especially in Ontario, there are firm deadlines for when you must bring a will challenge. Missing these timelines—no matter how valid your concerns—can result in your case being dismissed without ever being heard.

1. The General Wills Limitation Period

For most estate litigation matters in Ontario, the Limitations Act imposes a two-year time limit to bring a claim. This means you have two years from the date you knew or ought to have known about the grounds for contesting the will (such as undue influence, lack of capacity, or fraud). The wills limitation period begins after death, or after probate is granted—whichever triggers awareness of the problem.

2. Dependent Support Claims Are Different

If you're a spouse, child, or other dependent not properly provided for in the will, your timeline is shorter. Under the Succession Law Reform Act:

• You must file a dependent support claim within 6 months of probate being granted.

Extensions are sometimes allowed, but courts rarely grant them without compelling reasons.

3. Exceptions That May Extend the Limitation Period

The court may allow a post-death contest beyond the standard timeframe in limited situations, such as:

• Fraud or active concealment of the will
• Lack of knowledge of the death or probate
• Mental incapacity of the claimant
• No notice of the probate proceedings

However, these exceptions are difficult to argue. Acting quickly is always safer and stronger legally.

4. How to Protect Your Rights

If you believe you have grounds for a post-death contest, you should:

• Request a copy of the will and probate documents immediately
• Consult an estate litigation lawyer to evaluate deadlines specific to your claim
• Gather medical, financial, and legal documents to support your position
• File a Notice of Objection if probate has not yet been granted

Time is of the essence. A delay can cost you more than just your inheritance—it can end your legal options entirely.

Key Takeaway

The wills limitation period in Canada is strict. If you wait too long to bring a post-death contest, you risk losing the right to challenge the will—even if your claim is valid. Early legal advice can protect your interests and help you act within the allowable time frame.

#PostDeathContest #WillsLimitationPeriod #EstateLitigation #ContestingAWil #OntarioLaw #ProbateDisputes #WillsAndEstates #LegalDeadlines