What is the limitation period in a Will challenge?
Ontario, Canada
The following excerpt is from Taylor-Reid v Taylor, 2016 ONSC 4751 (CanLII):
In the case of Leibel v. Leibel, the court determined that, in a Will challenge, the limitation period commences on the date of death, being September 22, 2011. This, however, is subject to the discoverability rule outlined in s. 5 of the Limitations Act, 2002. In Leibel v. Leibel, the Plaintiff (Will challenger) was found to have discovered the claim within 60 days of the date of death and, since the claim was commenced outside of the two year limitation period, it was statute barred.
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