How long do I have to bring a claim against an Estate in Ontario? 

By Carly Stewart lawyer at Merovitz Potechin LLP on Tuesday October 20, 2026

In Ontario, different statutes give different limitation periods, for bringing different types of claims.

For example, the Trustee Act sets a 2-year limit, from the date of death, for a claim against the estate of a deceased person.  However, the Real Property Limitations Act (“RPLA”) sets a 10-year limit for an action to recover land.  So which limit applies when a party claims against an estate for the recovery of land? 

There is very recent appellant court guidance in a decision from October 2026. 

Facts

Frank Thiessen and Helen Thiessen each owned their own property before their marriage in 2014.  They initially agreed that they would both sell their separate property, and jointly purchase a new property to be their home.  This plan was recorded in a marriage contract, which also preserved each spouse’s ownership of their respective pre-marriage property. 

This plan changed.  The couple ended up living together in Helen’s property (“Talbot Road”). Frank sold his property in 2016, and deposited the sale proceeds of $223,000 into a joint account with Helen. On the same day, Helen transferred $100,000 to her adult children. The marriage contract was never updated and Frank was never added to the title of Talbot Road. Helen died in January 2022.  She left the Talbot Road property to her children in her will, with a life interest to Frank. 

Frank claimed that he had effectively purchased a 50% share in Talbot Road, which was held in constructive trust. 

Frank commenced proceedings for his claim against the property in April 2024, more than 2 years after Helen’s death.    

Lower court decision

The first judge to hear the matter decided that the 10-year limit under the RPLA applied because Frank’s claim related only to constructive trust of real property, and was not a claim against the estate as a whole. Frank was allowed to procced with his claim.  Helen’s estate appealed.

Appeal court decision

The Ontario Court of Appeal reversed that decision.  The 2-year limit under the Trustee Act applied, and Frank had been out of time to commence his claim.  His claim was not permitted to proceed. 

The court said: “The limitation period in .. the Trustee Act applies to “all actionable wrongs that wrong a claimant and for which the deceased may be found liable…. The limitation period for such claims against estates, even claims involving land, is two years after the death of a deceased….Where both the Trustee Act and the RPLA contain applicable provisions, the specificity and legislative history of the Trustee Act dictate that its two-year limitation period applies”. 

The Trustee Act does have a few, very narrow carve outs from the 2-year limit, including in the case of an express trust, but the claim by Frank was of constructive trust, so the exception did not apply. 

What should you do if you have a potential claim against an estate?

In almost all cases, the time limit to commence proceedings for a claim against an estate will be 2 years from the date of death.  However, it is advisable to make any claim as early as possible, to ensure that the estate is not administered or partially distributed, potentially leaving insufficient funds to satisfy any claim. 

It is important that if you have a claim, or potential claim, against a person who has died or their estate, you should consult with an estate litigation lawyer, just as soon as possible. 

Our Estate Litigation lawyers can advise you on any applicable time limits, the strength of your claim, the procedure, and costs.