Dependant Support Disputes in Ontario

Were you financially supported by someone who died but left you with little or nothing under their will or estate? Are you a surviving spouse, common-law partner, child, parent, sibling, or other family member who depended on the deceased for support? Or are you an estate trustee or beneficiary responding to a claim that could affect the distribution of the estate? A dependant support claim can affect a person’s housing, financial security, standard of living, inheritance, and relationships with other beneficiaries and family members.

How a dependant support claim is decided

A dependant support dispute may involve whether the claimant qualifies as a dependant, whether the deceased was providing or legally required to provide support, and whether the will or intestacy rules made adequate provision for the claimant’s proper support.

The court may consider:

• the claimant’s financial circumstances and needs
• the size and nature of the estate
• the duration and nature of the relationship
• the support provided by the deceased
• the claims of other dependants and beneficiaries
• any legal or moral obligations owed by the deceased

Other issues a dependant support dispute may raise

A dependant support dispute may also concern:

• the amount and form of support
• interim support
• estate valuation
• transactions affecting the estate
• the priority of competing claims

How Zel Law can help

If you are considering bringing a dependant support claim or are responding to one as an estate trustee or beneficiary, speaking with an estate litigation lawyer early can help you assess eligibility, the available evidence, the estate’s circumstances, and the relief that may be available. Zel Law’s litigation lawyer has experience with dependant support disputes involving surviving spouses, adult children, competing beneficiary interests, and the adequacy of support provided by an estate. Book a consultation to discuss the will, financial dependency, the deceased’s support and promises, the estate assets, family circumstances, correspondence, and the legal options that may apply.

Related disputes

This is part of Zel Law’s estate litigation practice in Ontario. For how fees work, see our flat-fee options.

• Will Challenges
• Passing of Accounts