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What are the time limits in Ontario for someone to contest

Resolved Question:

What are the time limits in Ontario for someone to contest a will?
What are the time limits to file a claim against the estate of a deceased person?
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.

Debra Thal (username) :

It sometimes depends a bit on the facts.

Debra Thal (username) :

Is this a Claim by a spouse?

Debra Thal (username) :

What is the Claim about?

Debra Thal (username) :

Has there been an application for probate?

Customer :

Is this a Claim by a spouse?





1/21/11 3:26 PM



What is the Claim about?






1/21/11 3:26 PM



Has there been an application for probate?



Customer :

Is this a Claim by a spouse?





What is the Claim about?






1/21/11 3:26 PM



Has there been an application for probate?



Customer :

Hello Debra

Customer :

hello Debra, You answered a previous related question about my grandmother and my aunt and uncle creating a will 12 years ago.

Customer :

This would be a claim made by me the grandson.

Customer :

I do not know if an application was made for probate. I did not find any file for probate for my grandmother on the government files/web site.

Customer :

This would be a claim made against the estate for services rendered by myself by living with her for 2 1/2 years, based on her promises of giving me a share of her house and me living with her and caring for her. I think that is what you advised me yesterday, I just wanted to know what the time frame was I had to decide if I wanted to persue this matter. Thanks.

Expert:  Legal Ease replied 3 years ago.
I ended the chat because I just discovered that it was not working and that not only are there multiple repeat posts but you posted and I never received a notice and the question didn't move onto my list.

I just discovered this now and am very sorry.

I remember your question well.

If you've waited 2.5 years you are most likely much too late.

But from time to time a Court can and will extend the time for filing a Claim.

For this reason it makes sense to consult with a local estate lawyer. But, do that quickly!
Customer: replied 3 years ago.

Hello Debra,

It has only been 3 months since my grandmother died. I have heard conflicting time limits on contesting a will or making a claim against the estate of a deceased person.

I have heard that the limit is 3 months also I heard 6 months and finally 2 years.

I would think that somewhere there is a definite time limit stated in Ontario law.

Is there a place on-line that I can go to look up Ontario laws pertaining to this matter?

Expert:  Legal Ease replied 3 years ago.
Here is a link to a document that discusses the limitation periods when it comes to estate matters:

http://www.devrieslitigation.com/pdf_docs/Limitations%20Period%20in%20Estate%20Litigation.pdf

You can see that the answer is highly fact specific and very complex.

You cannot know the answer with any certainty without have a lawyer review the facts in some detail.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87617
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Debra,

Thanks again, I'll reveiw this info and get a lawyer.

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