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-   -   Statute of limitations for a will in Canada? (https://www.askmehelpdesk.com/showthread.php?t=230580)

  • Jun 25, 2008, 07:30 AM
    shellyp123
    Statute of limitations for a will in Canada?
    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?
  • Jun 27, 2008, 11:04 PM
    charlotte234s
    No, the will is legal and binding forever, you can't change it, no one can.
  • Jun 30, 2008, 06:54 AM
    Gem_22205
    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

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