How Long Do You Have to Sue an Estate in Ontario?

The deadline depends on the type of claim. Most claims must be started within two years after the day the claim was discovered, and discovery is the earlier of when you actually knew or when a reasonable person in your position ought to have known. A claim for dependant support has a shorter window: no application may be made more than six months after the grant of letters probate or letters of administration.

Each deadline has exceptions. The court may allow a dependant support application after the six months, but only against any portion of the estate still undistributed on the date of the application. The two-year period does not run while a claimant is incapable of starting a proceeding because of a physical, mental or psychological condition and has no litigation guardian. Claims for torts or injuries other than libel and slander must be started within two years of the death.

Which deadline applies, and when it starts, depends on the kind of claim and the facts. Because the dependant support period and the death-related tort period replace the general rule, it is worth confirming your date with a lawyer as soon as you can.