How long do I have to contest a will in Saskatchewan?
This answer covers the law of Saskatchewan.
The time limit depends on the kind of challenge, and some limits are short, so get legal advice early. One firm deadline: a surviving spouse's application for a family property order cannot be started more than six months after the grant of probate or administration, and a spouse who signed a valid waiver cannot apply.
Dependants include a legal, common-law or same-sex spouse, children under 18, and adult children unable to support themselves due to disability, and they may claim under The Dependants' Relief Act, 1996 if the will makes inadequate provision. Confirm the deadline for that claim with a lawyer right away rather than assuming it. Distribution may be delayed six months after Letters are obtained because of such claims.
Challenging a will itself is different. Whether a will can be challenged on grounds such as capacity, suspicious circumstances, undue influence or fraud depends on the facts, and a lawyer can explain how the courts approach each one. Gather a copy of the will, any earlier wills, and notes on dates and events before you speak with a lawyer. Timing for these challenges depends on the facts, so ask a lawyer promptly.
Key takeaways
- A surviving spouse cannot start a family property application more than six months after the grant of probate or administration, and a spouse who signed a valid waiver cannot apply.
- Dependants, including a spouse, children under 18 and adult children unable to support themselves due to disability, may claim if the will makes inadequate provision.
- Challenging a will on other grounds depends on the facts, so it is worth confirming with a lawyer what applies to your situation.
- Because some limits are short, it is wise to get legal advice early rather than waiting.