748 - Will Challenges Beyond the Two-Year Limitation Period? Insights from Roberts v. Cowie

In this episode of Hull on Estates, Stuart Clark and Mandana Niknejad discuss the Ontario Superior Court's decision in Roberts v. Cowie and the evolving law surrounding limitation periods in will challenges. The discussion explores the distinction between probate proceedings and civil claims, the concepts of declaratory and consequential relief, and how Roberts v. Cowie may create a narrow pathway for certain will challenges to proceed beyond the two-year limitation period while considering the impact of earlier decisions such as Leibel v. Leibel and Wall v. Shaw. Citations for Cases Discussed: Roberts v. Cowie, 2026 ONSC 1412. Leibel v. Leibel, 2014 ONSC 4516. Wall v. Shaw, 2018 ONCA 929.