How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96944
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

What are the time limits in Ontario for someone to contest

This answer was rated:

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?

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.

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 5 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?

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 and other Canada Law Specialists are ready to help you
Customer: replied 5 years ago.

Hi Debra,

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

Related Canada Law Questions