If someone in Ontario passes away and has failed to leave enough financial support for their dependents, the law may require an obligation to provide for a dependent.
In a similar vein to a claim for spousal support or child support in the family law context, the Ontario Succession Law Reform Act (SLRA) permits dependents of a deceased to claim support from any of the deceased’s assets. This can even include assets which ordinarily are excluded from the deceased’s estate such as beneficiary designated registered savings plan or tax-free savings account.
Who May Make a Claim?
An individual may qualify as a dependent if that individual was financially or otherwise reliant on the deceased at the time of death. This may include:
- Spouses, including common-law partners who lived together or had a child together
- Children, biological, adopted, or sometimes stepchildren
- Parents, with consideration to whether they depended on the deceased for support, at the time of death
- Grandchildren or siblings, depending on the circumstances
It is important to note that the Court scrutinizes each case on its own particular merits and whether or not an individual is truly a dependent of the deceased will be determined based on a careful analysis of the surrounding circumstances by the Court.
What is needed to make a Dependent’s Relief Claim:
In order to advance a claim for dependent’s relief the claiming dependent(s) must commence a legal proceeding within six months from the appointment of an estate trustee(s). Within the Court process, the dependent(s) must:
- Prove that they were truly dependent upon the deceased;
- Show that the deceased failed to provide for the dependent(s); and
- demonstrate to the Court what the appropriate amount of support ought to be, with regard to the particular needs and circumstances of the dependent(s).
In analyzing all of the above, the Court looks at a broad range of factors including, but not limited to, the relationship between the dependent(s) and the deceased, society’s view on a moral obligation to provide for a dependent, the estate’s size, the financial situation of the dependent(s), and any other obligations that the deceased may have.
Final Thoughts
Planning for one’s estate should be done thoughtfully and with regard to all familial and dependent relationships.
Ontario’s dependent’s support law exists to protect those left without adequate financial support. If you’re concerned about your rights as a dependent or want to plan your estate properly, our team is here to help – [email protected] This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
