- There is no single deadline: several different 6-month periods run from the date the grant is issued.
- The general Limitations Act periods are 2 years from when you knew or ought to have known, or 10 years from when the claim arose, whichever expires first.
- Waiting can be costly because a personal representative generally cannot distribute property for six months after the grant unless the Court orders otherwise or family members consent, and once notice of an application is given the estate is subject to any resulting order.
If you are thinking about challenging a will, time is one of the first things to check. Alberta does not have one simple deadline for every kind of challenge. Different claims have different clocks, and some of them start when the grant of probate or administration is issued, not when the person died.
This article sets out the main time limits, how they differ, and why delay can hurt even where a deadline has not passed. Deadlines can be extended or can work differently on particular facts, so confirm your dates with a lawyer as early as you can.
This article covers the law of Alberta.
Why there is more than one deadline
Challenging a will can mean several things: asking for the wording to be corrected, claiming support from the estate, asking the Court to let a gift to a witness stand, or testing whether the will is valid. Each has its own rule. The grant is the Court document that confirms the personal representative's authority, so the date it was issued is the date to find out first.
Key periods at a glance
| Step | Time period |
|---|---|
| Family maintenance and support application | Within 6 months after the grant is issued |
| Rectification of a will | Not more than 6 months after the grant, unless the Court extends it |
| Order that a witness's gift is not void (s 40) | Not more than 6 months after the grant, unless the Court extends it |
| Request to treat a lifetime transfer as an advance | Within 6 months of the grant |
| Caveat against a grant | Stays in force 3 months from filing, unless discharged, withdrawn, or the Court orders otherwise |
| Notice of objection after a Form C4 warning | 10 days from being served, unless extended |
Other statutes, such as the Family Property Act, may set their own time limits, so a claim that is not on this table still needs checking.
The six-month family maintenance window
An application for family maintenance and support must be commenced within 6 months after the grant of probate or administration is issued. The period runs from the grant, not from the death. The Court may allow an application at any time respecting any part of the estate that has not been distributed at the date of the application.
Minors and represented or incapacitated adults apply through a parent, guardian, trustee or the Public Trustee. Notice must be served on the personal representative and all family members. For deaths before February 1, 2012, the older repealed statutes govern instead.
General limitation periods
Under the Limitations Act, a claim is barred 2 years after the claimant first knew or ought to have known of the injury, that it was attributable to the defendant's conduct, and that a proceeding is warranted, or 10 years after the claim arose, whichever expires first.
- Only the 10-year period is suspended while the defendant fraudulently conceals the injury, and the claimant bears the burden of proof.
- Limitation periods are suspended while the claimant is a person under disability, and while the claimant is a minor, subject to notice-to-proceed rules.
Whether the Limitations Act applies to a particular estate dispute, and when the clock started, depends on the facts. That is a point to confirm with a lawyer.
The risk of waiting after a grant
Even when a deadline has not passed, waiting can leave you with less to claim. Unless the Court orders otherwise or family members consent, a personal representative generally cannot distribute estate property for six months after the grant, though reasonable maintenance advances are allowed. Once notice of an application is given, the estate is subject to any resulting order, and the Court may still allow a family maintenance application against any part of the estate that has not yet been distributed.
If you act earlier, you have more tools. Filing a formal-proof application stays a non-contentious application, and while it is pending the personal representative may not distribute estate property unless the Court approves or all interested persons consent. A caveat also halts further proceedings on a grant application while it is in force. Once a grant is issued after a formal-proof decision, it binds all persons absent fraud.
What to do next
- Find the date the grant of probate or administration was issued, or whether one has been applied for
- Mark 6 months from that date on your calendar, and treat it as a hard stop until a lawyer says otherwise
- Write down when you first learned of the will and any facts that concern you
- Ask whether any estate property has already been distributed
- Speak with an Alberta estates lawyer promptly, since an extension is not something to count on
Frequently asked questions
How long do I have to contest a will in Alberta?
It depends on the type of claim. A family maintenance and support application must be commenced within 6 months after the grant is issued. A rectification application generally cannot be made more than 6 months after the grant unless the Court extends the period.
Does the six months run from the date of death?
No. The six-month period for family maintenance applications runs from the date the grant of probate or administration is issued. The 6-month periods for rectification and for witness-gift applications are also measured from the grant.
Can I still claim after the six months have passed?
Sometimes. The Court may allow a family maintenance application at any time respecting any part of the estate that has not been distributed at the date of application. For rectification and witness-gift applications, the Court may extend the period. Do not rely on this without legal advice.
Can the estate be paid out while I am deciding?
A personal representative generally cannot distribute estate property for six months after the grant unless the Court orders otherwise or family members consent. Filing a formal-proof application also restricts distribution under a non-contentious grant unless the Court approves or all interested persons consent.
Sources
- Wills and Succession Act, SA 2010, c W-12.2 (King's Printer) — kings-printer.alberta.ca
- Estate Administration Act, SA 2014, c E-12.5 (King's Printer) — kings-printer.alberta.ca
- Surrogate Rules, Alta Reg 130/1995 (King's Printer) — kings-printer.alberta.ca
- Limitations Act, RSA 2000, c L-12 (King's Printer) — kings-printer.alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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