View Full Version : Statute of limitations for a will in Canada?
shellyp123
Jun 25, 2008, 07:30 AM
My father (legally adopted me at the age of 7) was a canadian citizen. He and my mother divorced when I was 18 (now 38) - he passed away a few years back, yet my step brother and step sister took care of his estate and will without informing me that he passed away. I am sure once the divorce was over, I was no longer named in his will. Do I have any recourse in this situation?
charlotte234s
Jun 27, 2008, 11:04 PM
No, the will is legal and binding forever, you can't change it, no one can.
Gem_22205
Jun 30, 2008, 06:54 AM
Have you ever tried to acquire the original will left to see how the estate was to be distributed? I would not assume that due to a divorce you were written out of the family tree. A good place to begin would be possibly with your adoptive mother. I would like to believe that you were be included in your fathers will.
It should be added that Canadian law allows the adopted child to inherit from his/her adoptive parents and not from his/her biological parents.
You have 2 years to bring a law suit once you discover a problem. However, I believe there is an ultimate limitation period of 15 years. I would contact a lawyer to be sure of your legal options.
Limitations Act, 2002 (http://www.canlii.org/on/laws/sta/2002c.24sch.b/20070117/whole.html#BK13)
New Page 1 (http://www.stikeman.com/newslett/BaJan04.htm)