You found a new will in your favour. But the other heirs say it’s too late. So what is your time limit to contest a will?
Three years is too late, says the Court in Dumoulin (Sucession), Re( 2003 CanLII 2694 (QC CS)) and again in Lemaine (Succession de) (2010 QCCS 6309 (CanLII), appeal dismissed in Lemaine (Succession de), 2012 QCCA 1371). A claim to verify a will is a personal right, says the court, and therefore it can be prescribed under the art. 2925 of the Civil Code of Quebec.
In Dumoulin (the decision treating the question of the time limit to contest a will) the claimant pretended to have lost and then found again the handwritten note, allegedly giving him right for $ 15,000. The Court was not impressed by this “lost and found” story though, apparently not seeing a disorder to be a valid excuse.
In Lemaine the Court specifically reminded that one should bring a new will to probate in a separate action (thus, paying Court’s fees for that). According to the Court of Appeal (Nazzari c. Nazzari, 2016 QCCA 1334 (CanLII)), the rule is that a modification to a procedure is normally allowed. But it should not be useless, contrary to the interest of justice or a source to a completely new application. Probation of a new will is a completely new application, apparently, not a modification of the case about the previous will.
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.
