A recent decision of the Ontario Superior Court serves as a reminder of why estate plans need regular attention.
Justice Myers dismissed a negligence claim against a lawyer who had drafted a Will more than 15 years earlier, finding that the claim was statute-barred under the Limitations Act, 2002.
The Case
Mr. Ryczkowski signed his Will in 1991, leaving an estate that later caused confusion over whether his deceased sister’s daughters were entitled to share in his estate. The Will’s wording was ambiguous, and years after Mr. Ryczkowski’s death in 2018, his family pursued claims against the drafting lawyer, alleging negligence in the preparation of the Will.
However, the Court found that the 15-year ultimate limitation period began when the Will was drafted, not when the testator died. Since the alleged drafting error occurred in 1991, the limitation period expired on January 1, 2019. The plaintiffs’ 2020 claims were therefore too late.
The Court’s Reasoning
Justice Myers emphasized that the Limitations Act strikes a balance between two policy goals:
- allowing plaintiffs a fair opportunity to pursue claims, and
- ensuring defendants are not exposed to liability indefinitely.
While the result may seem harsh, since beneficiaries often can’t discover an error until after death, the Court made clear that it must apply the legislature’s policy, not rewrite it. The law protects professionals from being sued decades after their work was completed, even if harm surfaces later.
The Lesson
The ruling underscores an important point: a Will should never be treated as a one-time document. Life events such as marriage, divorce, birth, death, or property changes can all affect estate intentions and the interpretation of a Will.
Regularly reviewing and updating your Will:
- ensures it reflects your current wishes and circumstances,
- reduces the risk of disputes among beneficiaries, and
- protects your family from unintended consequences.
Comment
Beneficiaries may lose their right to sue for a negligently drafted will if more than 15 years have passed since the Will was prepare, even if the testator has only recently passed away.
A quick review every few years can prevent heartache later and ensure your estate plan continues to serve its intended purpose.
Brian Madigan LL.B., Broker