- Ontario’s Limitations Act, 2002 sets a basic limitation period of two years for most civil claims, running from the day the claim is discovered, not necessarily the day of death.
- If your claim is for support as a dependant under Part V of the Succession Law Reform Act, rather than a challenge to the will’s validity itself, a different and shorter timeline…
- Do not rely on it to compute your own cutoff date.
People searching for how long you have to contest a will in Ontario are often hoping for a single, clean number. The honest answer is more complicated: Ontario does not set one universal deadline for every kind of will-related claim. Different types of claims run on different clocks, and the general rule that applies to most civil claims can behave differently depending on exactly what you are claiming and when you found out about it.
That uncertainty is exactly why speed matters. Waiting to get advice can cost you options you did not realize were time-limited. The figures below reflect the rules as of mid-2026 — always verify the current periods with a lawyer before relying on any date calculation.
There Is No Single "Will Challenge" Deadline
Ontario’s Limitations Act, 2002 sets a basic limitation period of two years for most civil claims, running from the day the claim is discovered, not necessarily the day of death. Many estate-related claims, including many will challenges, fall under this general rule. But exactly when a claim is considered "discovered" depends heavily on the specific facts, and that timing question is genuinely case-specific. It is not something you should try to calculate yourself.
A Separate, Shorter Clock: Dependant’s Support Claims
If your claim is for support as a dependant under Part V of the Succession Law Reform Act, rather than a challenge to the will’s validity itself, a different and shorter timeline generally applies: six months from when the court grants probate or administration. The court has some discretion to allow a later claim against any part of the estate not yet distributed, but that discretion is not guaranteed, and relying on it is a risk, not a plan.
Quick Comparison
| Type of claim | General timing (verify current rules) |
|---|---|
| Will validity challenge (capacity, undue influence, improper execution) | Generally the basic 2-year limitation period, but the discoverability start date is fact-specific |
| Dependant’s support claim (Part V, SLRA) | Generally 6 months from the grant of probate or administration, with limited court discretion to extend |
| Surviving spouse’s equalization election (Family Law Act) | Generally 6 months after death |
This table is a starting point for a conversation with a lawyer, not a deadline calculator. Do not rely on it to compute your own cutoff date.
Why "Just Wait and See" Is a Risky Strategy
Waiting has real costs beyond the limitation period itself:
- Estate assets may already be distributed by the time you act, making some remedies harder to obtain
- Evidence about the will-maker’s capacity or the circumstances of signing can become harder to gather as time passes and memories fade
- Some claims involve court discretion that becomes less favourable to a claimant who waited without a good reason
What to Do If You Think You Might Have a Claim
- Gather what you already have: a copy of the will, any earlier wills, and the date of death.
- Note the date probate was granted, if it has been; this matters for the dependant’s support timeline in particular.
- Speak with an estate litigation lawyer promptly, even if you are not sure you have a claim yet.
- Do not assume that "nothing has happened yet" means there is no rush; administration can move faster than families expect.
Frequently asked questions
Does the two-year limitation period start on the date of death?
Not necessarily. It generally starts when the claim is "discovered," which can be later than the date of death depending on when you learned the facts giving rise to your claim. This is a fact-specific question a lawyer needs to assess for your situation.
What happens if I miss the deadline?
Courts have limited discretion in some circumstances, but missing a limitation period can permanently bar a claim. It is not a risk worth testing without legal advice.
Is the deadline the same for challenging the will’s validity and claiming dependant’s support?
No. These are different types of claims with different timelines, and confusing them is one of the most common mistakes families make. A dependant’s support claim runs on the shorter, probate-triggered timeline described above.
If probate has not been granted yet, does that mean my time hasn’t started?
Not for every type of claim. Some limitation periods relate to when you discovered your claim, not to when probate happens. Speak with a lawyer as soon as you have concerns rather than waiting for a specific court event.
This is a wills & estates question
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