The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of.
When does the limitation period start running regarding an incapable person who does not have a formal litigation guardian? Despite the language of the Limitations Act, 2002, a court found in Rekowski v. Renfrew (County), 2019 ONSC 2852 that the answer to this question is not clear. In 2009, Kenneth was…
All of us at AllAboutEstates hope you had a happy new year and will have an equally happy 2018. But 2018 must also be a year of vigilance: it is the last year that most historical claims (i.e. claims arising from events that occurred before 2004) can be brought before…
Where the language of the Will is unequivocal and approved by the testator, a court will refuse to rectify a will to match the testator’s true intentions.
