1. Ontario law recognizes that a person's duty to support dependents does not end at death, and if their estate plan does not adequately provide support, dependents can apply to court for a support order from the deceased's assets. 2. A dependent includes a surviving spouse, parent/grandparent, child/grandchild, or sibling of the deceased who was being financially supported by the deceased prior to their death. 3. When considering support applications, courts can order support from the "expanded estate" including joint assets, life insurance, gifts, and retirement accounts in addition to traditional estate assets.

1. What is
Dependants’
Support?
1

2. 2
Dependants’ Support
Ontario law recognizes that a person’s duty to support his or her dependants
does not end at death. If a person’s estate plan does not adequately
provide for the proper support of a dependant, he or she can apply to the
court for an order for support out of the deceased’s person’s assets, even
though the person’s will might say otherwise.

3. 3
Who?
A dependant is an individual who was being financially supported by the
deceased (or to whom the deceased was obligated to provide support) just
prior to death. A person must be connected to the deceased in one of the
following ways to qualify as a "dependant":
- The surviving spouse (married or common law) of the deceased, including
a same-sex spouse
- The parent or grandparent of the deceased
- A child or grandchild of the deceased
- A brother or sister of the deceased

4. 4
What?
When considering applications for dependants’ support, the court can craft
an order for support out of more than just the assets that are traditionally
thought of as making up the estate. The “expanded estate” can include:
- Joint assets
- Life insurance
- Deathbed gifts
- RRSPs/RRIFs

5. 5
What? (continued)
The amount of support to which a dependant might be entitled is difficult to
measure or predict. The following is a list of just a few of the factors that the
court may consider when determining entitlement to dependant support:
- The present and future finances of the dependant
- The ability of the dependant to support him/herself
- The age and health of the dependant
- The nature and length of the relationship with the deceased
- Contributions (including non-financial) by the dependant to the deceased
- The standard of living of the dependant during the deceased's lifetime

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When?
Dependants’ support may be ordered when a person dies without making
arrangements to provide continued financial support to their dependants.
This is most common when someone does not have a will, or when
someone has a will that does not leave enough (or any) support to their
dependants.
A claim for dependants’ support can be started any time after death until six
months after the day the court issues a Certificate of Appointment of Estate
Trustee (probate).

7. 7
Where?
In Ontario, the rules governing dependants’ support can be found in Part V
of the Succession Law Reform Act. The Succession Law Reform Act states
that when arrangements for the financial support of dependants is
inadequate, the court may order the payment of support out of the assets of
the estate. The Act outlines the situations in which a court may order the
payment of dependant support by an estate, the factors to be taken into
account when determining the amount of support, and the procedures to be
followed.

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Why?
The rationale behind dependants’ support is to ensure that people who are
being supported by someone are not suddenly left in poverty or in need of
government support when their loved one dies. Without an application for
dependants’ support, financial contributions upon which a dependant has
relied during the deceased's life may cease after death. Dependants’
support can help surviving family members enjoy a lifestyle comparable to
that which was enjoyed prior to the death of the deceased. The deceased’s
moral obligations to his or her dependants are important, as well as his or
her legal obligations.

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How?
Applications for dependant support are made to the Ontario Superior Court
of Justice. The estate trustee’s duty to the estate usually obligates him or
her to resist the application. Evidence about the dependant’s finances, the
assets of the deceased, and other surrounding circumstances will usually be
exchanged. The parties will often have a chance to conduct examinations of
one another or of other witnesses. In Toronto, Ottawa, and Essex County,
mediation is typically mandatory before the court will determine the
application and often results in a settlement.

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How? (continued)
If the matter does not settle, the court has a lot of flexibility in making a
support order. It may reject the claim altogether. It may order that periodic
payments (such as on a monthly basis) or a lump sum payment are made to
a dependant. Particular assets, such as a house, may be transferred to the
dependant, either absolutely or for the dependant’s lifetime.
Individuals with questions about entitlement and/or access to support should
consult a lawyer.

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Thank you for reading!