What Are Dependant’s Relief Claims?
Dependant’s relief claims are legal actions brought by individuals who were financially dependent on the deceased and believe the will or estate plan failed to make adequate provision for their support. In Ontario, these claims are governed by the Succession Law Reform Act.
Common claimants include spouses, children (including adult children with disabilities), and other individuals who relied on the deceased for financial assistance or care.
Who Can Make a Claim?
Eligible claimants may include:
Spouses - Legally married or common-law partners who were financially dependent on the deceased.
Minor Children - Children under 18 who relied on the deceased for support.
Adult Dependent Children - Those over 18 who are unable to support themselves due to illness or disability.
Parents or Relatives - In rare cases, parents or relatives who were financially dependent may also qualify.
Legal Standards and Considerations
Courts assess these claims by considering:
Financial Need - Whether the dependant lacks sufficient means of support.
Relationship to the Deceased - Nature and length of the dependency.
Size of the Estate - Whether the estate has assets available to meet the claim.
Intent of the Deceased - The reasons, if any, for the exclusion from the will.
Moral and Legal Obligations - Duties owed to the dependant by the deceased.
How We Can Help
ME Law supports clients on both sides of dependant’s relief disputes. Whether you're a dependant seeking fair support or an estate trustee defending the will, we provide:
Eligibility Analysis - Determining if a valid claim exists under Ontario law.
Financial Disclosure Review - Assessing assets, liabilities, and support history.
Strategic Filing - Meeting timelines and building persuasive legal arguments.
Negotiation and Court Advocacy - Pursuing resolution or litigating in court when necessary.
Act Quickly
Dependant’s relief claims are time-sensitive. If you believe a will failed to provide adequate support, or if you're defending against such a claim, contact ME Law today for strategic guidance and experienced representation.
Let's talk about your case
- (416) 923-0003
- +1 (800) 891-2897
- intake@melaw.ca
- referral@melaw.ca