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Sometimes, an individual may pass without creating adequate support provisions in their estate plans for individuals who are financially dependent on them right before death. In these cases, the dependent individual may pursue a support claim against the estate. In this article, we discuss what these support claims are, who may be eligible to make them, and factors considered by the court.
Under the Ontario Succession Law Reform Act (SLRA), dependant support claims against an estate (also referred to as “Will Variation claims”) are for individuals who qualify as a dependent of the deceased individual immediately before death. These claims seek financial relief from the deceased’s estate if the applicant can prove that they were inadequately provided for by the deceased.
A dependent is defined as someone who received or was legally entitled to financial support from the deceased immediately before death. Eligible individuals may include a:
- Married spouse
- Divorced spouse (if deceased had outstanding support obligations to the ex-spouse)
- Common law spouse or same-sex partner
- Parent
- Grandparent
- Minor Child
- Grandchild
- Sibling
TIME PERIOD
A support claim must be made within six months from the day the Certificate of Appointment of Estate Trustee (probate) is issued.
HOW MUCH SUPPORT?
The specific factors the Court considers to determine the amount and duration of relief to be granted to the applicant from the deceased’s estate, if any, are outlined in detail by statute. In summary, the broad factors considered are:
(1) THE FINANCIAL NEED of the applicant seeking support;
(2) THE STANDARD OF LIVING of the applicant;
(3) THE NATURE OF RELATIONSHIP between the deceased and the applicant seeking relief;
(4) THE CONTRIBUTIONS of the applicant in the deceased’s life;
(5) THE EXPECTATIONS of the applicant; and
(6) OTHER RESOURCES of support available for the applicant.
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DISCLAIMER: This blog post should not be interpreted as legal advice for your specific situation, concerns, or challenges. All legal matters are unique and should be discussed with legal, financial, and health professionals, and tax accountants. Please be advised that the information on this website relates to laws specific to Ontario or Canadian federal law. Legal advice, procedure, and legislature may vary in different jurisdictions.
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