Left Out of a Will? Understanding What is Involved in a Dependant Support Claim
Many people assume that the testamentary instructions in a Will are final. This is not always the case. A will may be challenged by a claim for dependant support. Ontario law recognizes that people may have relied on a deceased for financial support during the deceased’s lifetime, and that such support should not disappear on account of the deceased’s death. Accordingly, dependents may have the right to challenge the estate, seeking continuity of the financial support they previously got. This is referred to as a dependant support claim that can arise regardless of whether a will exists and what it says.
A dependant support claim occurs when a person who was financially dependent on the deceased claims that the estate failed to make adequate provision for their continued support. These claims exist to prevent vulnerable individuals from being left without financial stability due to estate planning decisions that did not reflect their real life dependency.
Why Dependant Support Claims Exist
While individuals generally have the freedom to decide how their estate is distributed, that freedom is not absolute. In Ontario, laws limit testamentary freedom by imposing both legal and moral obligations to support dependants. An estate claim for dependant support allows the court to intervene when those obligations were not met.
Who Can Make a Dependant Support Claim
Not everyone can bring a dependant support claim. Eligibility is based on the claimant’s relationship to the deceased and whether they were financially dependent immediately before death.
Spouses - both common law and married - may qualify for a dependant support claim, including married spouses and common law spouses who lived together for the required period or had a child together. Former spouses may also be eligible if the deceased had an ongoing legal obligation to provide support. Likewise, children can qualify as dependants, including minor children and adult children who remain financially dependent due to disability, education, or other circumstances. In some cases, grandchildren or individuals treated as a child by the deceased may qualify. Certain provinces in Canada also recognize parents or siblings if they were financially dependent.
Because these relationships and dependencies are fact-specific, working with a litigation lawyer experienced in dependant support claims can help clarify whether a claim is likely to succeed.
How Courts Assess a Dependant Support Claim
When deciding a dependant support claim, the court looks at whether the deceased made adequate provision for the dependant’s proper support. This assessment is detailed and considers the dependant’s current and future financial needs, their income and assets, and their age and health.
The court also examines the dependant’s ability to become financially independent, the size and value of the estate, and the legal and moral obligations the deceased owed. Competing claims from other dependants or beneficiaries are weighed as well, which often makes dependant estate disputes complex and contentious.
Timing and Deadlines for Legal Claims
Strict deadlines apply to dependant support claims. In Ontario, a claim must usually be started within six months of the estate trustee receiving probate, formally known as a Certificate of Appointment of Estate Trustee. While courts may allow late claims, they can only be made against estate assets that have not yet been distributed.
Delays can significantly reduce what is available to claim, which is why early legal advice is critical in any dependant support claim.
Assets That May Be Included in a Dependant Support Claim
Many people assume only assets listed in the will can be used to satisfy a dependant support claim. That is not always the case. In certain situations, assets that pass outside the estate, such as life insurance proceeds, registered accounts, or jointly owned property, may be brought back into the estate to satisfy a successful claim.
This possibility often increases tension among beneficiaries and makes estate disputes by dependants particularly sensitive and legally complex. Working with an experienced estate lawyer is crucial if you are making a claim.
Why Legal Guidance Is Important to a Claim
Estate disputes often involve high emotions, family conflict, and significant financial consequences. Working with a litigation lawyer who is experienced in estate disputes can help protect your rights, assess the strength of a claim, and ensure critical deadlines are met.
An experienced estate litigation lawyer can also help resolve a dependant support claim through negotiation or court proceedings, while minimizing unnecessary delays and costs. Early legal advice can make a meaningful difference in preserving estate assets and achieving a fair outcome.
If You Are Facing an Estate Dispute as a Dependant, We Can Offer Legal Representation and Support
If you were financially dependant on someone who has passed away and were not properly provided for, you may have grounds for a dependant support claim. Speaking with an experienced estate litigation lawyer at Gionet Fairley Wood LLP can help you understand your options, evaluate your claim, and take action before important deadlines expire.
Our skilled estate litigation lawyers have extensive experience in Simcoe County, Muskoka, Grey Highlands, and the surrounding areas. Contact us through our website, or call us today at 705-468-1088.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.