Mastering Estate Litigation: Avoiding Time Traps

You are likely still grieving from the loss of a loved one. If a loved one dies, you may be involved in their estate. You need to know there are now strict time limits that can cancel your rights.

This post is not legal advice but for information purposes. You must obtain legal advice about your specific rights to avoid time traps when somebody dies.

However, you need to know the time limitations involved in making claims. Here are a few examples.

Estate Time Traps

1. Family Law Elections

Married spouses have six months from the date of death of a spouse to commence legal court applications. You must make family law elections or request an extension of time to determine if an election is required within six months. Why? Because if there is no will or the will does not adequately provide or you, you can request an equalization of family property. This is in case benefits under a will or an intestacy are not sufficient to provide for your needs.

2. Dependants’ Relief

If you are common-law spouse, unless you are on title to a partner’s property or a designated beneficiary, you have no rights to inherit in Ontario. You may need to commence legal proceedings against your partner’s estate.

You may have to start a court application for relief under Part V of the Succession Law Reform Act, R.S.O. 1990, c. S.26 for dependents’ relief. This support claim must be done within six months of when a certificate of appointment of estate trustee is issued. This used to be called probate documents.

Have you contributed to property? You may wish to make a claim for unjust enrichment, constructive or resulting trust or quantum meruit for services. Recent court decisions state that you must bring such legal proceedings within two years of the date of a person’s death.

3. Contesting Wills

Similarly, if you are contesting a partner’s will, you must commence legal proceedings within two years of the date of death. Hopefully, you have threshold evidence to justify a will challenge. Otherwise, you may face legal costs for making unnecessary and unsupportable claims attacking a will.

Help is Here

Are you involved in a confusing estate? Do you need help understanding your rights or the time limitations involved? Book a meeting today to discuss your claim. I look forward to helping you.

As a Certified Specialist, estate law is all I do.