When creating a Will in Ontario, people generally have the freedom to leave their assets to whomever they choose. However, the law states that people must include adequate provisions for their dependants, which can include a spouse, child(ren), parent(s) or sibling(s) to whom they were providing support in life, or to whom they were legally obligated to provide support. In cases where a person fails to provide adequately in his or her Will, the Succession Law Reform Act allows those dependants to bring a claim for support against the estate.

There are an array of factors that a court will consider when deciding a claim for dependant support, which vary depending on the nature of the relationship between the deceased and the person bringing the claim. These factors include the dependant’s ability to support themselves, their age, their mental and physical health, as well as the contents of the estate itself.

An award for dependant support can take many forms, including a lump sum or regular payment schedule, the transfer of a specific property into the dependant’s name, or the right to use a specific property for a certain period of time. The court will make this determination after taking into account the facts, the contents of the estate, the Will, and all other applicable considerations.

Our lawyers work closely with you to determine all of the relevant factors in your particular circumstances, and then we draft an application that outlines why the support is warranted. We have over 20 years experience drafting and arguing dependant support claims, and we will help you to navigate this process in order to obtain a fair and equitable order.

It is important to address this issue in a timely matter, as an Application for Dependant Support must be brought by the dependant or their representative within six months of the issuance of a Certificate of an Appointment of an Estate Trustee in order to be considered by the court.

Contact us About Dependant Support Claims in Milton, Georgetown, and Oakville

To obtain realistic and honest advice from a lawyer with expertise in the area of dependant support claims, please contact us online to arrange a consultation.