Dependant ReliefSpousal SupportPart V SLRAChild Support ClaimsEstate Claims
When a will fails to provide adequate support, the law ensures dependants are not left without recourse.
Dependant Support Practice
6mo
Statutory Filing Window
14
Statutory Factors Considered
Quick Answer
Who qualifies as a dependant under the SLRA?
Under s. 57 of the SLRA, a dependant includes the spouse (including a common-law partner), parent, child, brother, sister, or grandchild of the deceased, to whom the deceased was providing support or was under a legal obligation to provide support immediately before death.
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DEPENDANT SUPPORT
Part V of the Succession Law Reform Act
Part V of the Succession Law Reform Act (ss. 57-62) provides a statutory remedy for dependants who have not received adequate provision from the estate of a deceased person. Under s. 58 of the SLRA, the court may order that such provision as it considers adequate be made from the estate for the proper support of the dependant.
A "dependant" is defined broadly under s. 57 of the SLRA to include the spouse (including a common-law spouse), a parent, a child (including an adult child in certain circumstances), a brother or sister, or a grandchild of the deceased, to whom the deceased was providing support or was under a legal obligation to provide support immediately before death.
STATUTORY FACTORS
Factors the Court Must Consider
Under s. 62 of the SLRA, the court must consider a range of factors when determining whether to make a support order and the quantum of support. These factors include the dependant's current assets and means, the dependant's capacity to provide for themselves, the dependant's age and physical and mental health, the dependant's needs, the proximity and duration of the dependant's relationship with the deceased, and the deceased's reasons for not making adequate provision.
The court also considers the size of the estate, any other obligations the deceased had to other dependants, and any agreement between the deceased and the dependant. The court has broad discretion to fashion an appropriate order and may award a lump sum, periodic payments, or a combination of both. A dependant support order takes priority over gifts made by the will or on intestacy.
LIMITATION PERIOD
Filing Deadlines and Procedural Requirements
Under s. 61 of the SLRA, an application for dependant support must be commenced within six months from the date of the grant of letters probate or letters of administration. The court may extend this period if it is satisfied that there are apparent grounds for making an application and that no prejudice will result to any beneficiary from the extension.
It is critical that potential claimants act promptly. The estate trustee is entitled to distribute the estate after the six-month period has expired, and any distribution made in good faith after that period is protected. We advise potential dependant claimants to file a notice of their claim with the estate trustee as soon as possible, even if the formal application has not yet been commenced, to preserve their rights under the Act.
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Under s. 57 of the SLRA, a dependant includes the spouse (including a common-law partner), parent, child, brother, sister, or grandchild of the deceased, to whom the deceased was providing support or was under a legal obligation to provide support immediately before death.
What is the time limit for filing a dependant support claim?
The application must be commenced within six months from the date of the grant of letters probate or letters of administration under s. 61 of the SLRA. The court may extend this period in certain circumstances.
Can an adult child make a dependant support claim?
An adult child may qualify as a dependant if the deceased was providing support to the child immediately before death or was under a legal obligation to do so. Adult children with disabilities or who were financially dependent on the deceased may have particularly strong claims.
Does a dependant support order override the terms of the will?
Yes. Under the SLRA, a dependant support order takes priority over the provisions of the will and any devolution of the estate on intestacy. The court may vary the gifts in the will to fund the support order.
What types of support can the court order?
The court may order a lump sum payment, periodic payments, or a combination of both. The court may also order that specific property be transferred to the dependant, or impose a charge on estate property to secure the support payments.
Can a dependant support claim be settled?
Yes. Many dependant support claims are resolved through negotiation or mediation without the need for a court hearing. Settlement is often in the best interests of both the dependant and the estate, as it avoids the expense and delay of litigation.
How does the court calculate the amount of support?
The court considers the factors listed in s. 62 of the SLRA, including the dependant's needs and means, the size of the estate, the dependant's relationship with the deceased, and any agreements between them. There is no fixed formula; the amount is within the court's discretion.
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Immigration consulting services are provided by Regulated Canadian Immigration Consultants (RCICs) in good standing with the College of Immigration and Citizenship Consultants (CICC) under the College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29, s. 292.
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Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
Limitation Periods
Failure to commence proceedings within applicable limitation periods may permanently bar your claim. In Ontario, the general limitation period is two (2) years from discovery under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. Seek legal advice promptly.
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How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
What we collect
What you give us
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The four things that matter most
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Past results depend on their own facts and do not predict yours.
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The difference is practical rather than technical. A page explaining that spousal support is
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Before you rely on anything here
Four limits, and they matter in this order.
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Everything published on this website is general information. It is not legal
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These pages describe the law of Ontario, and of Alberta only
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Each page states the law as at the review date shown on it. Legislation is amended and case law
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These pages describe how a rule usually works. That is not the same as how it applies to your
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If you contact us
If you are in danger
If you or a child are in immediate danger, call 911.
This website is not an emergency service. Enquiries sent through a form here are read during
business hours and a reply may take up to one business day.
Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within one business day. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
