10/20/2026
In a key decision for estate litigation, the Ontario Court of Appeal ruled in Thiessen v. Thiessen Estate that the strict two-year limitation period under the Trustee Act takes precedence over the ten-year limit under the Real Property Limitations Act for claims against an estate involving real property.
For beneficiaries, trustees, and claimants across Toronto and Ontario, this ruling underscores a crucial reality: time is of the essence. Delaying action on estate property claims can result in valid rights becoming statute-barred much sooner than anticipated.
If you are navigating an estate dispute or facing potential claims regarding estate property, obtaining early legal guidance is critical to protecting your position before statutory deadlines expire.
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Court finds Trustee Act takes precedence over ten-year limit for land recovery claims