Dependant’s Support Claims

Kingston & Eastern Ontario Dependants Support Claims Lawyer

In Ontario, a testator has a positive obligation to make adequate provision for the support of his or her dependants. A dependant may initiate proceedings seeking an award from the estate based upon a claim that he or she has not been adequately provided for.

A “dependant” can include: a spouse, or common-law spouse; same sex partner, parent, child or sibling of the deceased to whom the deceased was either providing support or was under a legal obligation to provide support immediately before death. “Parent” and “child” are given extended definitions and can include those holding themselves out as parents although not a natural or adoptive parent and adult children and grandchildren.

An application for dependant support must be commenced within six months of the issuance of a Certificate of Appointment of Estate Trustee. An application may be commenced after the six-month limitation period has expired with the leave of the court where the court considers it proper to do so and only in respect of property that has not been distributed. As part of the proceeding an applicant may ask the court for interim support. An application is supported by affidavit evidence which typically includes a detailed explanation of the support that was provided to the applicant during the deceased’s lifetime or an explanation of the legal obligation to provide support. Generally, an applicant will provide a financial statement and budget demonstrating his or her need for support.

To get the professional help you need related to dependant support claims in Kingston, Eastern Ontario, and the surrounding areas, contact Fleming Estate Law today.