In Ontario, estate litigation is governed by several critical deadlines that must be adhered to in order to protect legal rights. Missing these deadlines can result in the inability to pursue claims or defend against them. This article outlines the key limitation periods for common estate disputes and how Ontario courts handle delays. Will Challenges The Limitations Act, 2002 establishes a two-year limitation period for most estate-related claims, including actions to challenge the validity of a will. This was confirmed in the case…

When a will is silent or unclear, Ontario courts employ specific rules of construction and consider the admissibility of extrinsic evidence to interpret the testator's intentions. The primary objective is to honor the testator's wishes as expressed in the will, without rewriting it. Courts focus on the language used in the will, rather than relying on direct extrinsic evidence of intent (Campbell v. Evert, 2018 ONSC 593, paras. 23-24). The "armchair rule" is a key principle in will interpretation, requiring the…

Joint bank accounts with a right of survivorship are frequently used for convenience and estate planning. However, they can become contentious in estate disputes, particularly when the intentions behind the account setup are unclear. This article explores the legal principles governing such accounts, focusing on the presumption of resulting trust and how courts determine the intent of the account holder, with a particular emphasis on Canadian law as clarified in the case Pecore v. Pecore. When funds are transferred into a joint…

Estate fraud, particularly involving hidden assets, poses significant challenges for beneficiaries. Understanding how to identify suspicious transactions, trace assets, and utilize legal tools is crucial for protecting your rights. This article explores these issues within the context of Ontario, Canada law. Understanding Estate Fraud and Hidden Assets Estate fraud occurs when someone unlawfully interferes with the distribution of an estate, often by hiding assets or manipulating documents. Hidden assets can include bank accounts, real estate, or personal property that are not…