A recent will challenge case, Tessaro v. Gora, 2025 ONSC 198, whereby the lawyer who drafted the will made an error which diminished how much the plaintiff received. The court rejected the claim as the limitation period of 15 years set out in the Limitation Act, 2002, applies from the time when the will was drafted – and not from the time of death or time that the drafting error was discovered.
A recent will challenge case, Tessaro v. Gora, 2025 ONSC 198, whereby the lawyer who drafted the will made an error which diminished how much the plaintiff received. The court rejected the claim as the limitation period of 15 years set out in the Limitation Act, 2002, applies from the time when the will was drafted – and not from the time of death or time that the drafting error was discovered.
A recent will challenge case, Tessaro v. Gora, 2025 ONSC 198, whereby the lawyer who drafted the will made an error which diminished how much the plaintiff received. The court rejected the claim as the limitation period of 15 years set out in the Limitation Act, 2002, applies from the time when the will was drafted – and not from the time of death or time that the drafting error was discovered.
A recent will challenge case, Tessaro v. Gora, 2025 ONSC 198, whereby the lawyer who drafted the will made an error which diminished how much the plaintiff received. The court rejected the claim as the limitation period of 15 years set out in the Limitation Act, 2002, applies from the time when the will was drafted – and not from the time of death or time that the drafting error was discovered.
The court acknowledged the harshness of barring claims before beneficiaries could even discover them, but maintained that changing the outcome was a legislative function, not judicial.
This case highlights, that even if your situation has stayed the same for the past 15 years, you should review your will at least every 15 years. Drafting errors are statute barred after 15 years, so it is prudent to review your will prior to this limitation period expiring, so that at least your beneficiaries can have recourse if there is an error in drafting. Documents need to be kept current.
Don’t let Tessaro v. Gora become your cautionary tale. Many estate disputes hinge on the deceased “waiting too long” to review or make changes to their documents. Don’t delay reviewing your estate planning documents. An error in drafting or outdated documents could result in your wishes not being fulfilled and your beneficiaries not being able to do anything about it.
As estate planning lawyers, we need to draft with precision and collect information with vigilance, while educating clients about limitation periods and other potential estate pitfalls. We may need to schedule follow up review meetings at least every 15 years, but hopefully much sooner than that.
Thank you for reading.
The general information on this page is not applicable to any specific case and is intended for information purposes only. It is not a substitute for legal advice and may not be relied on as such. Readers are expressly advised to consult with a qualified lawyer for advice regarding their specific circumstances and entitlements under Ontario law.
