The Law
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Generally an action against the deceased person or their estate must be commenced within two years of the date of death. However, as Wilkinson v. The Estate of Linda Robinson 2020 ONSC 91 (Canlii) makes clear this does not apply to an action in respect of real property. In the latter case the 10 year limitation set out in the Real Property Limitation Act applies in an action claiming rights over such property may be commenced at any time within that 10 year window. This creates some clear problems for the administration of a person’s estate given the uncertainty as to whether a valid, unknown claim exists and may be subsequently exercised, leading to hesitancy on the part of executors/trustees in winding up the estate.
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