Dependent support claims are made by individuals who were financially dependent on the deceased at the time of their death, as defined by the Succession Law Reform Act (SLRA). Here is a brief primer on the law as it relates to these claims in Ontario.
Who Qualifies as a Dependent?
A dependent could be a spouse, parent, child, or sibling of the deceased who was receiving or entitled to receive support at the time of death. The definition of a spouse under the SLRA is broad, encompassing not just married couples but also partners who lived together for at least three years or who have a child together.
The process to determine if a dependent is entitled to support involves a two-stage evaluation: the first assessing the support the deceased was providing — or was under legal obligation to provide — immediately before their death, and the second analyzing the provisions in the will to determine whether the support allocated to them is adequate.
How Much Support Are They Entitled To?
The assessment of what constitutes adequate support is based on the unique circumstances of each case. The courts must identify not only whether those provisions (i.e. what is left to the dependents) is adequate today, but adequate into the future.
It’s important to note “support” does not just refer to basic necessities, but also physical and moral support. The courts consider both legal as well as and moral obligations (i.e. duties expected by society) of the deceased when assessing these claims. Under the SLRA, those duties may extend to include what some might consider luxuries.
Provision for Interim Support
In certain situations, an applicant may seek interim support while their claim is being processed. This requires demonstrating a need for financial assistance and the merit of their claim, along with any special circumstances that might justify such support.
Filing a Claim
To initiate a claim, a dependant must file a Notice of Application, backed by appropriate affidavit evidence. This must be done within six months from the issuance of the Certificate of Appointment of Estate Trustee, although there are exceptions under certain conditions.
Due to their complexity, dependent support claims often require professional legal advice. Applications for guidance in these cases are crucial to address disputes and ensure that dependants are adequately protected, especially when they might have been overlooked during the estate planning process.
It’s important to consult a legal expert to navigate these claims effectively in Ontario. Contact Blackburn’s world-class estate litigation team for a free initial consultation today.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
