Estate Litigation Blog

Limitation Period on a Will Challenge: Shannon v. Hrabovsky


by Lisa Fenech, Published: November 16, 2018

Tags: 2018 onsc 6593,  discoverability,  limitation period,  limitations act,  shannon v. hrabovsky,  will challenge

How much time does a will challenger have to commence proceedings? The safest answer is: within two years of the date of death of the deceased. If a will challenger wants to commence proceedings after two years of the date of death, they will need to convince a court that the principle of discoverability applies in will challenges and that it applies to the circumstances of their case.

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