New Ontario Law: Don’t Lose Your Estate Claim After 2 Years

You were named estate executor under a will. You have been asked to handle a number of tasks in administering an estate.

This means you should obtain legal advice. This post explains there is now only a two-year window to file certain claims in court.

What does that mean?

If you are making claims against an estate, you may have only 2 years to start legal proceedings. This 2-year period applies to contest wills as well. The sooner you get legal advice, the better. Here is how this change happened.

Ingram Appeal Case

In Ontario, the Court of Appeal decision Ingram v. Kulynych Estate, 2024 ONCA 678 has decided that equitable claims against an estate must be promptly brought within a two-year period after death under Ontario’s Trustee Act R.S.O. 1990.

In Ingram, Henry Kulynych was a common-law spouse who died in 2017. His partner claimed that she supported Henry and sought compensation. Her equitable claim was that this allowed Henry to live rent-free.

At the initial court hearing, the court held that there was a 10-year limitation period to bring this claim against Henry’s estate.

The matter was appealed to the Ontario Court of Appeal, and the appeal was granted. This appeal decision states that claims for equitable relief against estates must be made within 2 years of the date of death.

This appeal decision shortens the period to apply for equitable claims against any deceased’s estate. This is no longer the 10-year limitation period.

You Need Legal Advice About Estates

You may be an estate executor, but don’t try to handle legal questions or claims without lawyers. Even in a modest estate, an estate lawyer should be the estate trustee’s best friend to identify limitation periods and deadlines.

In some cases, this is six months for family law elections for married spouses. A similar six-month period is allowed for dependant’s claims from the date an estate certificate is issued.

If you are an estate executor and have notice of such claims, you can be liable for distributing the estate. Obtain legal advice as soon as possible to protect your two-year limitation period.

Do you have questions about administering an estate? Or, do you have to make claims against an estate? Contact me today. I can help.

How to Get Started

I offer you a confidential meeting to discuss your needs. Take advantage of this no-obligation meeting by Zoom or in-person in my Toronto west end office. Arrange your meeting today.

I am a Certified Specialist in Estates and Trusts Law. I can give you expert tips to end your worries.