- A dependant's support claim generally cannot be made more than six months after the grant of probate or letters of administration.
- Most other claims must be started within two years after they were discovered, though exceptions exist.
- Deadlines depend on the type of claim, so confirm the right one with a lawyer before assuming you have time.
Estate disputes come in many shapes: a will challenge, a support claim from a spouse or child, a complaint about how a trustee handled money, or a claim about a joint account. Each can carry a different clock, and missing one can end a claim before a court looks at it.
This article walks through the main time limits that appear in Ontario estate law and the exceptions that sometimes help. It is a general guide, not a calculation of your deadline.
The two-year general rule
Under the Limitations Act, 2002, most claims must be started within two years after the day the claim was discovered. Discovery is the earlier of when the claimant actually knew, or when a reasonable person in their circumstances ought to have known.
There is an exception for people who cannot act. The two-year period does not run while the claimant is incapable of starting a proceeding because of a physical, mental or psychological condition and has no litigation guardian.
Six months for dependant support claims
A dependant who says the deceased did not make adequate provision for their proper support may ask the court for an order under Part V of the Succession Law Reform Act. A dependant is the deceased's spouse, parent, child, or brother or sister to whom the deceased was providing support, or was legally obliged to provide support, immediately before death.
No application may be made more than six months after the grant of letters probate of the will or of letters of administration. The Limitations Act, 2002 lists this section as a limitation period that applies instead of the general two-year rule.
There is a safety valve. The court may allow an application after the six months, but only against any portion of the estate still undistributed on the date of the application. That makes speed important, since distributed money may be out of reach.
Other claims against or by an estate
Claims by or against a deceased person's estate for torts or injuries, other than libel and slander, must be started within two years of the death under Trustee Act s. 38(3). That section is also listed as applying instead of the general rule.
Accounting disputes work differently. Filing a notice of objection to accounts, in response to an estate trustee's application to pass accounts, does not start a proceeding, so the two-year period does not apply to that objection. Also, no Ontario law requires an estate trustee to pass accounts at fixed intervals, so waiting for them can go on a long time.
For other claims, such as caregiver unjust enrichment claims or joint-account claims, the right period varies with the claim and should be confirmed for each case. Will challenges are the same: how the deadline works depends on the type of challenge and the stage of the estate, so get advice early.
Quick comparison
| Claim | Time limit | Source |
|---|---|---|
| Dependant support | Six months after grant of probate or administration, with a limited late exception | F6, F7 |
| Tort or injury claim by or against an estate | Two years from death | F46 |
| Most other claims | Two years from discovery | F47 |
| Objection to accounts | Two-year period does not apply to the objection | F37 |
Protecting your position while you decide
Some steps can protect you without starting a full lawsuit. Before a certificate of appointment of estate trustee is issued, anyone who appears to have a financial interest may file a Notice of Objection (Form 75.1) with the registrar or the Estate Registrar for Ontario, stating the nature of their interest and the objection. A person with a financial interest can also file Form 74P to ask the court to notify them when someone starts a proceeding involving the estate.
Once a trustee is served with notice of a support application, they must not distribute the estate until the court has disposed of it, unless everyone entitled to apply consents or the court orders otherwise. The court may also suspend administration of the estate in whole or in part.
- Write down the date of death and the date probate or letters of administration were granted.
- Note when you first learned of the facts behind your claim.
- Keep copies of the will, notices and letters from the estate trustee.
- Ask whether any property has already been distributed.
- Speak with an estate litigation lawyer before the first deadline you can identify, not after it.
Frequently asked questions
Can a support claim still be made after six months?
The court may allow an application after the six months, but only against any portion of the estate still undistributed on the date of the application. Because of that limit, waiting can shrink what is available.
When does the six months start?
It runs from the grant of letters probate of the will or of letters of administration. That is the date on the court document, not the date of death.
Is the two-year deadline paused for anyone?
It 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. Whether that applies to you depends on the facts.
Does a signed waiver end a support claim?
Not necessarily. A court can make a support order even if the dependant signed an agreement or waiver saying otherwise. The timing rules still apply.
Sources
- Succession Law Reform Act, R.S.O. 1990, c. S.26 (e-Laws) — Ontario e-Laws
- Limitations Act, 2002, S.O. 2002, c. 24, Sched. B — Ontario e-Laws
- Form 75.1 Notice of Objection, Ontario Court Forms (Rules of Civil Procedure) — ontariocourtforms.on.ca
- Ontario.ca – Apply for probate of an estate — ontario.ca
- Wall v. Shaw, 2018 ONCA 929, paras. 23, 48 — ontariocourts.ca
- Trustee Act, s. 38(3) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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