In Ontario, after an individual passes away, there are legal options for those who can prove they were financially dependent on the deceased to receive support. One option is to file a dependant support claim, which allows a spouse, common-law partner, child, or other any other ‘dependant’ to seek financial assistance from the deceased’s estate.
Are You a Dependant?
In Ontario, after an individual passes away, there are legal options for those who can prove they were financially dependant on the deceased to receive support. One option is to file a dependant support claim, which allows a spouse, common-law partner, child, or other any other ‘dependant’ to seek financial assistance from the deceased’s estate.
This claim can be made if the deceased did not have a will, or if they did have a will but that did not provide adequate financial support for the dependents. A dependant support claim ensures that individuals who relied on the deceased for financial support are not left without resources. It is particularly useful in situations where the estate’s distribution falls short of meeting the needs of the surviving dependants, offering a legal pathway to secure the financial assistance they require.
A dependant is a parent, child, spouse or sibling of the deceased, to whom the deceased had been providing support (financially, physically/moral support) immediately before their death or was legally bound (e.g., child support) to provide support, as per Part 5 of the Succession Law Reform Act (SLRA).
In order to qualify as a dependant of the deceased’s estate, you must meet the criteria outlined in the flowchart below.
Frequently Asked Questions
A dependant support claim is a legal application made when a deceased person has not left adequate financial support for their dependants. The claim asks the court to provide fair support from the estate.
Under Ontario’s Succession Law Reform Act, a dependant can include a spouse (married or common-law), children, parents, siblings, and in some cases, other relatives who were financially supported by the deceased.
Yes. A married spouse can make a dependant support claim if the deceased did not leave a Will or if the Will does not provide adequate support.
Common-law partners do not automatically inherit an estate. However, they can bring a dependant support claim if they were financially supported by the deceased.
Yes. Dependant children—whether minors, adult children with disabilities, or those still in school—may bring a claim if they relied on the deceased for support.
Yes, parents and siblings may qualify if they can prove that the deceased provided them with financial support before passing away.
Dependants can apply to the court for financial support. The court has the power to override the terms of the Will to ensure dependants receive what they need.
Yes. Even if there is no Will, dependants may apply for financial support from the estate under Ontario law.
The court considers the nature of the relationship, the extent of financial dependency, the dependant’s needs, the size of the estate, and what support the deceased had been providing during their lifetime.
Support may include lump-sum payments, ongoing financial support, coverage of education or living expenses, or other financial arrangements the court finds reasonable.
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