Is there a deadline to challenge a will in Ontario?

Ontario's limitation period rules for will challenges are not as straightforward as a simple two-year deadline. The Limitations Act, 2002 applies to many civil claims, but will challenges — particularly those based on the validity of the will itself — can be governed by different timing considerations depending on the nature of the claim.

As a practical matter, the earlier a challenge is raised the better. Will challenges are best initiated before the estate is fully administered and assets are distributed to beneficiaries, because distributing estate assets to the wrong people creates significant complications. Once assets have been paid out and the executor has been discharged, recovering them is extremely difficult even if the will is eventually found to be invalid.

If you believe you have grounds to challenge a will, you should seek legal advice promptly after learning of the death and the contents of the will. An estate litigation lawyer can advise you on the specific deadlines that apply to your situation, whether a caveat should be filed to pause the probate process while the challenge is investigated, and whether the evidence supports proceeding.

Filing a caveat with the court when a will is submitted for probate is a practical step that prevents an estate certificate from being issued while a dispute is unresolved.