This decision addresses an application by Kirk Neita against his late mother's intestate estate, claiming a 50% ownership interest in a property transferred to his mother in 2010, alleging fraud and improper use of a power of attorney.
The court dismissed Neita's application, primarily on two grounds: first, his evidence lacked the material corroboration required by section 13 of the Evidence Act for claims against a deceased's estate; and second, his claim was barred by the 2-year limitation period under the Trustee Act, which was found to apply over the 10-year Real Property Limitations Act.
The court also rejected Neita's argument that the discoverability principle extended the limitation period, finding he knew or ought to have known of the transfer in 2010.
