This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will….
Tag: limitation period
Total 6 Posts
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…
One of the first steps following the death of a loved one is to go through their paperwork. You never know what you will find – handwritten wills, love letters, bank statements, or written agreements confirming that the deceased is owed money. If the estate is owed funds, it is…
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…
You may be forgiven for thinking that the expression “clear as mud” was created specifically to describe limitation periods. The policy rationale behind limitation periods is to create certainty and predictability by establishing a firm deadline by which a claim must be brought or else the claim is lost forever….
The discovery of holographic wills always send up red flags to estates litigators, especially when the holographic will is a dramatic departure from the prior distribution of the estate. While questions of fraud immediately come to mind, there may also be a limitations problem if the holographic will is found…