Support for Dependants

If you are a dependant of the deceased, such as a spouse or child, you have a right to be adequately provided for by the Will. If there has not been adequate provision for you, then you have the right to challenge the Will.

Unfortunately, Estate Law does not provide a precise definition for "adequately provided for". The Courts have decided a number of cases that provide guidance, but for the most part, these matters are decided on a case-by-case basis. As a result, this area requires not only knowledge of Estate Law and legal precedent, but also compassion, tact and the ability to resolve these issues as cost-effectively as possible.

It is vital to have experienced, persuasive legal representation as you make a dependant's relief claim, or defend against it. Creighton Law LLP's Lawyers are up to the task.

The Legal Challenge of Dependency

A dependant may include the spouse, parent, child, brother or sister of the deceased, but mere relationship is not enough. The deceased must have been financially supporting the dependant, or have been under a legal obligation to do so at the time of his or her death.

The application is usually made within six months of the appointment of the Estate Trustee, but exceptions can be made in special cases. The Court will take into account:

  • Your relationship to the deceased
  • Your general background, including your age, health, history, current financial needs, employment background and prospects without support
  • A summary of how the deceased was supporting you, or should have been supporting you, including any previous Court Orders
  • A summary of the Will if there is one
  • The size of the Estate and financial information about the deceased
  • Any agreements between you and the deceased
  • Any other dependants

It may take months or years to determine your eligibility for relief. Applicants often ask for interim support in the meantime.

Contact Creighton Law LLP

Contact us at 1-800-216-4970 or through our online form to learn more about dependant's relief claims in Oshawa and surrounding parts of the Durham Region.