Can You Claim an Interest in an Estate After Two Years in Ontario?

Can You Sue an Estate More Than Two Years After Someone Dies in Ontario?

Generally, no — not for most claims. Ontario’s Trustee Act sets a two-year limitation period for claims arising from wrongs committed by the deceased, and the Court of Appeal has now confirmed this deadline is strict. There is no flexibility based on when you discovered the problem. The clock starts running on the date of death.

In Thiessen v. Thiessen Estate, 2026 ONCA 730 (CanLII), the Court of Appeal for Ontario addressed a claim for a 50% beneficial ownership interest in real property brought more than two years after the deceased’s death. The court held the claim was statute-barred and allowed the appeal. This decision has significant implications for anyone who believes they have rights against a deceased person’s estate.

What Is the Two-Year Limitation Period for Estate Claims?

Section 38(3) of Ontario’s Trustee Act imposes a two-year limitation period on claims against an estate for wrongs committed by the deceased. This period begins on the date of death — not on the date you became aware of the problem. The Court of Appeal confirmed that the usual discoverability principle, which normally delays a limitation period from running until you knew or ought to have known about the claim, does not apply here.

This makes estate claims different from most other civil claims in Ontario. If you miss the two-year window, the claim is extinguished — regardless of when you learned of the wrong.

Does the Ten-Year Real Property Limitation Period Apply Instead?

No, not in this context. The Real Property Limitations Act contains a ten-year limitation period that applies to certain claims involving land. The claimant in this case argued that their claim for a beneficial ownership interest in real property should be governed by that longer period rather than the two-year Trustee Act period.

The Court of Appeal rejected this argument. Applying the principle that specific legislation overrides general legislation (generalia specialibus non derogant), the court preferred the Trustee Act’s specific estate-claims provision. The court also emphasized that Ontario’s legislative framework is designed to allow estates to be wound up in a timely and final manner. Allowing claimants to rely on a ten-year real-property period would undermine that purpose.

Can You Avoid the Two-Year Limit by Framing Your Claim Against the Estate Trustees?

No. The Court of Appeal addressed this directly. The claimant argued that because the estate trustees had allegedly failed to register an interest on title, the claim was really against the trustees — not the deceased — and therefore fell outside the Trustee Act’s two-year limit.

The court rejected this approach. The word “wrong” in the Trustee Act is interpreted broadly to capture all actionable wrongs for which the deceased could have been liable. A failure by the trustees to register an interest on title was treated as flowing from the deceased’s original wrong. Recharacterizing a claim against the deceased as a claim against the estate trustees does not restart the clock or open a different limitation period.

Does an Oral Agreement About Property Create an Exception to the Two-Year Limit?

Not on its own. The Real Property Limitations Act contains an exception for claims involving an express trust of land vested in a trustee. If that exception applied, the longer limitation period might have been available.

However, the court found that an express trust of land must be in writing to satisfy the Statute of Frauds. An oral arrangement — even one connected to a marriage contract — is not sufficient to qualify. Equitable trust claims that are not supported by a written instrument are not excepted from the Trustee Act’s two-year period. The claim in this case was barred.

What Counts as a “Wrong” Under the Trustee Act?

The term covers all actionable wrongs for which the deceased could have been held liable during their lifetime — it is not limited to a narrow category of misconduct. This broad interpretation means that many types of claims, including property-related disputes and contractual claims, will be captured by the two-year period if they are rooted in something the deceased did or failed to do.

This is an important point for anyone who is considering a claim and is unsure whether it is truly a claim “against the estate” or something else. Our Ontario wills and estates lawyers can help you assess how your claim would likely be characterized.

Questions and Records to Discuss with a Lawyer

• When did the person whose estate is involved pass away, and how does that date compare to when you first became aware of the potential claim?
• Is there any written documentation — a contract, a registered interest, a trust agreement — that supports your position regarding the property or obligation at issue?
• Has the estate been distributed, and are the estate trustees still in place?
• Does the claim relate to something the deceased personally did or failed to do, or does it arise from the conduct of the estate trustees after death?
• Are there any written agreements that could support an argument that an express trust of land was created?

If you are dealing with an estate dispute involving real property or a claim you believe you may have against an estate, the team at our Burlington wills and estates office and our probate lawyers are available to discuss your situation.

If you have questions about a potential estate claim or want to understand how limitation periods might affect your rights, you are welcome to reach out to UL Lawyers through our contact page to discuss your circumstances.

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This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.