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ARTICLE · 10 APRIL 2026

Estates And Limitation Periods

Casey & Moss LLP
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For Estates litigators, the date of the Deceased person's death is perhaps the key piece of information we need to get from a potential client. That date is relevant for many purposes...

CanadaFamily and Matrimonial
Laura Cardiff
Laura Cardiff
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For Estates litigators, the date of the Deceased person's death is perhaps the key piece of information we need to get from a potential client. That date is relevant for many purposes, but the most significant is that it starts a limitation period running. Under section 38(3) of the Trustee Act, most potential claims against a Deceased person become statute barred – in other words, they expire – two years from the date of the death.1

Sections 38(2) and (3) reads as follows:

38(2) Except in cases of libel and slander, if a deceased person committed or is by law liable for a wrong to another in respect of his or her person or to another person's property, the person wronged may maintain an action against the executor or administrator of the person who committed or is by law liable for the wrong.

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