Legal Question in Wills and Trusts in Canada

statue of limitations

My mother passed away leaving me as executor and power of attorney. She left everything to me except a few residuals for the family. How long do they have before they have to claim these items. I want to settle her estate and move on with life. They are trying to tie things up to find loop holes in the will. Everything was done legally on her part. My father passed away a few years before this without a will, and the family took her to the cleaners. She wanted to protect me and herself this time. Is there a statue of limitations on these items. I just want to know if there is an end in sight instead of worrying if they are going to come back at us in a years time.


Asked on 7/01/05, 8:30 am

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: statute of limitations

Depending on the jurisdiction in which your mother died, the rules to wind up and distribute an estate may differ. In Alberta, if you probate the will and serve all the required notices and publish a notice to creditors and claimants and distribute the estate after the notice period expires it is almost impossible to reopen the estate except in the case of fraud or misrepresentation. Since a will creates a trust for the payment of claimants and creditors, and for distribution, the standard rules regarding limitations do not usually apply. You should immediately probate the will. If you reside in Alberta please call me at 780 435-7729, if you wish further assistance.

Read more
Answered on 7/14/05, 7:54 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Canada