What Is the Statute of Limitations on Contesting a Will in Ontario?

If you're considering challenging the terms of a will, understanding the statute of limitations on contesting a will is critical. The statute of limitations on contesting a will determines how long you have to take legal action—and missing that window can permanently bar your claim. In Ontario, strict timelines apply, and those timelines vary depending on the type of claim.

1. What Does the Statute of Limitations on Contesting a Will Mean?

The statute of limitations on contesting a will refers to the legal time limit within which you must start a claim after someone dies. Once that limit expires, the court may dismiss your case regardless of its merits. In Ontario, several types of claims can arise during estate litigation, each with its own timeline.

• Dependent support claims under the Succession Law Reform Act must be brought within 6 months after the Certificate of Appointment (probate) is granted.
• Claims involving fraud, undue influence, or lack of capacity must typically be brought within 2 years from the date the claimant knew or ought to have known of the issue.
• For some issues, the clock starts ticking from the date probate is granted—not the date of death.

Exceptions and Complexities

There are exceptions where the limitation period may be extended, especially in cases involving:

• Fraud or concealment of facts
• Mental incapacity
• Ongoing discovery of evidence

However, courts rarely grant extensions unless there's a compelling reason. That’s why it's crucial to consult an estate litigation lawyer as soon as you suspect a problem.

Key Takeaway

If you're concerned about the validity of a will, act quickly. The statute of limitations on contesting a will may be short, but the consequences of delay can be long-lasting.

📌 Don’t wait—get legal advice early and make sure your claim is filed within the legally permitted time frame.

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