A recent Ontario court decision in 2025, commonly referred to as Tessaro v. Gora, has brought renewed attention to a critical issue in estate planning: time limits.
The ruling emphasized that errors or deficiencies in a will may not be remedied once the 15-year limitation period has elapsed.
For Ontarians with older wills, this creates real urgency to act.
It is also why legal professionals will regularly suggest a “will checkup,” as it is an opportunity to ensure that your estate plan will function as expected when it matters most.
Understanding the 15-Year Limitation Period in Ontario Estate Planning
Ontario law imposes limitation periods on many legal claims, including those related to estates and trusts.
In simple terms, a limitation period sets a deadline for when certain legal challenges or corrections can be brought forward.
In estate planning, this matters more than many people realize.
Issues such as drafting errors, ambiguities, or unintended consequences in a will may only become apparent years later. This often happens after the testator has passed away.
If too much time has elapsed, the court may no longer have the authority to intervene.
The 2025 Tessaro v. Gora decision reinforced the importance of this 15-year window.
The court emphasized that after this period, parties may be barred from seeking remedies, even where a will does not accurately reflect the testator’s intentions.
This does not mean that every will older than 15 years is invalid. It does mean that the ability to fix problems diminishes significantly over time.
Why Older Wills Are Especially Vulnerable
Many Ontarians prepared their wills 15, 20, or even 30 years ago.
At the time, those documents may have been entirely appropriate. Since then, life has likely changed in meaningful ways.
Older wills often fail to account for:
- Changes in family structure, including marriages, divorces, common-law relationships, and blended families
- The birth of children or grandchildren who are not adequately addressed
- Changes in asset values, particularly real estate and private corporations
- Updates to tax law and estate administration rules in Ontario
- The appointment of executors or trustees who are no longer suitable or available
In addition, drafting standards and legal interpretations evolve.
Language that was commonly used years ago may now be viewed as unclear or insufficient, particularly in complex estates.
When these issues are discovered beyond the 15-year limitation period, families may find themselves unable to correct them, even where the outcome feels unfair or unintended.
What the Tessaro v. Gora Ruling Signals for Ontario Residents
While each case turns on its own facts, the broader message from the 2025 ruling is clear.
Courts are increasingly unwilling to revisit long-standing estate documents once statutory time limits have expired.
This has two important implications
First, relying on the court to “fix” a will after death is risky. Judicial discretion has limits, and those limits are strictly enforced when limitation periods apply.
Second, proactive review is now more important than ever. The safest opportunity to correct a will is while the testator is alive and legally capable of making changes
For many past clients, this ruling serves as a wake-up call.
A will drafted more than 15 years ago should not be assumed to be adequate simply because no issues have arisen yet.
Signs That It Is Time for a Will Review
A will review does not necessarily mean starting from scratch.
In many cases, it involves a targeted review to confirm that key elements remain aligned with your goals and current Ontario law.
You should strongly consider a review if any of the following apply:
- Your will was drafted 15 or more years ago
- Your family circumstances have changed since the will was signed
- You have acquired or disposed of significant assets, including real estate or business interests
- Your executor, trustee, or power of attorney may no longer be the right choice
- You are unsure whether your will reflects your current wishes
Even where none of these factors are obvious, a professional review can identify risks that may not be apparent to a non-lawyer.
How a Will Review Helps Protect Your Intentions
A proper will review focuses on clarity, enforceability, and alignment with your current circumstances
It is not only about legal compliance, but also about ensuring peace of mind.
During a review, an estate lawyer can
- Confirm that the will is still valid under Ontario law
- Identify ambiguous or outdated provisions
- Assess whether beneficiary designations still make sense
- Review executor and trustee appointments
- Flag potential tax or administration issues
If updates are required, they can often be addressed efficiently through amendments or a new will, depending on the situation
Importantly, acting now ensures that any necessary changes fall well within applicable limitation periods.
How Limitation Periods Can Affect Beneficiaries
One aspect that often surprises clients is that limitation periods do not only restrict challenges to the validity of a will. They can also limit claims brought by beneficiaries or dependents under that will.
In Ontario, certain claims related to interpretation errors, trustee conduct, or entitlement disputes may also be subject to strict timelines.
When a will is unclear or poorly drafted, beneficiaries may discover too late that they are unable to seek clarification or correction through the courts.
This means that even where family members agree that a mistake exists, the legal system may be unable to intervene.
A will review helps reduce the likelihood that loved ones will face legal barriers during an already difficult time.
The Risks of Doing Nothing
The most common reason people delay reviewing their wills is simple.
Everything seems fine. There is no immediate problem, and estate planning rarely feels urgent.
The difficulty is that estate problems often remain hidden until it is too late to address them.
When a will contains an error that cannot be corrected due to the 15-year limitation period, the consequences are borne by loved ones.
This can result in unintended beneficiaries, unequal distributions, family conflict, and costly litigation
In some cases, the estate may be administered in a way that directly contradicts what the testator would have wanted, with no legal remedy available.
Safeguard Your Will with Howard Nightingale
If your will is approaching or has passed the 15-year mark, now is the time to review it. Professional insights ensure that your estate plan remains current and legally sound.
Howard Nightingale Professional Corporation assists Ontario residents with thoughtful, practical estate planning and reviews.
A timely will checkup can help ensure that your intentions are protected, both now and in the years ahead.
Schedule your consultation today to get started.
Your information will always remain private and confidential.