jswizzle3737/ontario_laws_and_regs huggingface dataset:
57 (1) In this Part, “child” means a child as defined in subsection 1 (1) and includes a grandchild and a person whom the deceased has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“enfant”) “cohabit” means to live together in a conjugal relationship, whether within or outside marriage; (“cohabiter”) “court” means the Superior Court of Justice; (“tribunal”) “dependant” means, (a)  the spouse of the deceased, (b)  a parent of the deceased, (c)  a child of the deceased, or (d)  a brother or sister of the deceased, to whom the deceased was providing support or was under a legal obligation to provide support immediately before his or her death; (“personne à charge”) “letters probate” and “letters of administration” include letters probate, letters of administration or other legal documents purporting to be of the same legal nature granted by a court in another jurisdiction and resealed in this province; (“lettres d’homologation”, “lettres d’administration”) “parent” includes a grandparent and a person who has demonstrated a settled intention to treat the deceased as a child of his or her family, except under an arrangement where the deceased was placed for valuable consideration in a foster home by a person having lawful custody; (“parent”) “spouse” has the same meaning as in section 29 of the Family Law Act and in addition includes either of two persons who were married to each other by a marriage that was terminated by divorce. (“conjoint”) R.S.O. 1990, c. S.26, s. 57; 1999, c. 6, s. 61 (1, 2); 2005, c. 5, s. 66 (3-8); 2006, c. 19, Sched. C, s. 1 (1); 2016, c. 23, s. 71 (8); 2017, c. 8, Sched. 29, s. 1; 2021, c. 4, Sched. 11, s. 36 (4-6). Dependant posthumously-conceived child (2) For the purposes of clause (c) of the definition of “dependant” in subsection (1), where the conditions in subsection 1.1 (1) are met in relation to a child conceived and born alive after the death of the deceased, the deceased is deemed to have been, immediately before his or her death, under a legal obligation to provide support to the child. 2016, c. 23, s. 71 (9). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 61 (1, 2) - 01/03/2000 2005, c. 5, s. 66 (3-8)
- 09/03/2005 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2016, c. 23, s. 71 (8, 9)
- 01/01/2017 2017, c. 8, Sched. 29, s. 1 - 17/05/2017 2021, c. 4, Sched. 11, s. 36 (4-6) - 19/04/2021
58 (1) Where a deceased, whether testate or intestate, has not made adequate provision for the proper support of his dependants or any of them, the court, on application, may order that such provision as it considers adequate be made out of the estate of the deceased for the proper support of the dependants or any of them.  R.S.O. 1990, c. S.26, s. 58 (1). Applicants (2) An application for an order for the support of a dependant may be made by the dependant or the dependant’s parent.  R.S.O. 1990, c. S.26, s. 58 (2); 2021, c. 4, Sched. 11, s. 36 (7). Same (3) An application for an order for the support of a dependant may also be made by one of the following agencies, (a)  the Ministry of Community and Social Services in the name of the Minister; (b)  a municipality, excluding a lower-tier municipality in a regional municipality; (c)  a district social services administration board under the District Social Services Administration Boards Act; (d)  a band approved under section 15 of the General Welfare Assistance Act; or, (e)  a delivery agent under the Ontario Works Act, 1997, if the agency is providing or has provided a benefit under the Family Benefits Act, assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 in respect of the dependant’s support, or if an application for such a benefit, assistance or income support has been made to the agency by or on behalf of the dependant.  1997, c. 25, Sched. E, s. 12; 2002, c. 17, Sched. F, Table. Idem (4) The adequacy of provision for support under subsection (1) shall be determined as of the date of the hearing of the application.  R.S.O. 1990, c. S.26, s. 58 (4). Section Amendments with date in force (d/m/y) 1997, c. 25, Sched. E, s. 12 - 01/07/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2021, c. 4, Sched. 11, s. 36 (7) - 19/04/2021
59 (1) On an application by or on behalf of the dependants or any of them, the court may make an order suspending in whole or in part the administration of the deceased’s estate, for such time and to such extent as the court may decide.  R.S.O. 1990, c. S.26, s. 59. Posthumous child not yet conceived (2) An application may be made under subsection (1) by a surviving spouse who gives notice under paragraph 1 of subsection 1.1 (1) on behalf of a child of the deceased that is referred to in the notice and is not yet conceived, if the application is made no later than six months after the death of the deceased. 2016, c. 23, s. 71 (10). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 71 (10)
- 01/01/2017
60 (1) An application under this Part may be made to the court by notice of application in accordance with the practice of the court. Idem (2) Where an application for an order under section 58 is made by or on behalf of any dependant, (a)  it may be dealt with by the court as; and (b)  in so far as the question of limitation is concerned, it shall be deemed to be, an application on behalf of all persons who might apply.  R.S.O. 1990, c. S.26, s. 60.
61 (1) Subject to subsection (2), no application for an order under section 58 may be made after six months from the grant of letters probate of the will or of letters of administration. Exception (2) The court, if it considers it proper, may allow an application to be made at any time as to any portion of the estate remaining undistributed at the date of the application.  R.S.O. 1990, c. S.26, s. 61.
63 (1) In any order making provision for support of a dependant, the court may impose such conditions and restrictions as the court considers appropriate.  R.S.O. 1990, c. S.26, s. 63 (1). Contents of order (2) Provision may be made out of income or capital or both and an order may provide for one or more of the following, as the court considers appropriate, (a)  an amount payable annually or otherwise whether for an indefinite or limited period or until the happening of a specified event; (b)  a lump sum to be paid or held in trust; (c)  any specified property to be transferred or assigned to or in trust for the benefit of the dependant, whether absolutely, for life or for a term of years; (d)  the possession or use of any specified property by the dependant for life or such period as the court considers appropriate; (e)  a lump sum payment to supplement or replace periodic payments; (f)  the securing of payment under an order by a charge on property or otherwise; (g)  the payment of a lump sum or of increased periodic payments to enable a dependant spouse or child to meet debts reasonably incurred for his or her own support prior to an application under this Part; (h)  that all or any of the money payable under the order be paid to an appropriate person or agency for the benefit of the dependant; (i)  the payment to an agency referred to in subsection 58 (3) of any amount in reimbursement for an allowance or benefit granted in respect of the support of the dependant, including an amount in reimbursement for an allowance paid or benefit provided before the date of the order.  R.S.O. 1990, c. S.26, s. 63 (2); 1999, c. 6, s. 61 (6); 2005, c. 5, s. 66 (12). Idem (3) Where a transfer or assignment of property is ordered, the court may, (a)  give all necessary directions for the execution of the transfer or assignment by the executor or administrator or such other person as the court may direct; or (b)  grant a vesting order.  R.S.O. 1990, c. S.26, s. 63 (3). Agreement or waiver (4) An order under this section may be made despite any agreement or waiver to the contrary.  R.S.O. 1990, c. S.26, s. 63 (4). Notice to parties before order (5) The court shall not make any order under this section until it is satisfied upon oath that all persons who are or may be interested in or affected by the order have been served with notice of the application as provided by the rules of court, and every such person is entitled to be present and to be heard in person or by counsel at the hearing.  R.S.O. 1990, c. S.26, s. 63 (5). Exception (6) Despite subsection (5), where, in the opinion of the court, (a)  every reasonable effort has been made to serve those entitled to notice; or (b)  after every reasonable effort has been made, it is not possible to identify one or more of the persons entitled to notice, the court may dispense with the requirement of notice in respect of any person who has not been served.  R.S.O. 1990, c. S.26, s. 63 (6). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 61 (6) - 01/03/2000 2005, c. 5, s. 66 (12)
- 09/03/2005
64 Where an application is made under this Part and the applicant is in need of and entitled to support but any or all of the matters referred to in section 62 or 63 have not been ascertained by the court, the court may make such interim order under section 63 as it considers appropriate.  R.S.O. 1990, c. S.26, s. 64.
65 Where an order has been made under this Part, the court at any subsequent date may, (a)  inquire whether the dependant benefitted by the order has become entitled to the benefit of any other provision for his or her support; (b)  inquire into the adequacy of the provision ordered; and (c)  discharge, vary or suspend the order, or make such other order as the court considers appropriate in the circumstances.  R.S.O. 1990, c. S.26, s. 65.
66 The court may at any time, (a)  fix a periodic payment or lump sum to be paid by a legatee, devisee or beneficiary under an intestacy to represent, or in commutation of, such proportion of the sum ordered to be paid as falls upon the portion of the estate in which he or she is interested; (b)  relieve such portion of the estate from further liability; and (c)  direct, (i)  the manner in which such periodic payment is to be secured, or (ii)  to whom such lump sum is to be paid and the manner in which it is to be dealt with for the benefit of the person to whom the commuted payment is payable.  R.S.O. 1990, c. S.26, s. 66.
67 (1) Where an application is made and notice thereof is served on the personal representative of the deceased, he or she shall not, after service of the notice upon him or her, unless all persons entitled to apply consent or the court otherwise orders, proceed with the distribution of the estate until the court has disposed of the application. Exception (2) Nothing in this Part prevents a personal representative from making reasonable advances for support to dependants who are beneficiaries. Liability of personal representative (3) Where a personal representative distributes any portion of the estate in violation of subsection (1), if any provision for support is ordered by the court to be made out of the estate, the personal representative is personally liable to pay the amount of the distribution to the extent that such provision or any part thereof ought, pursuant to the order or this Part, to be made out of the portion of the estate distributed.  R.S.O. 1990, c. S.26, s. 67.
68 (1) Subject to subsection (2), the incidence of any provision for support ordered shall fall rateably upon that part of the deceased’s estate to which the jurisdiction of the court extends. Idem (2) The court may order that the provision for support be made out of and charged against the whole or any portion of the estate in such proportion and in such manner as to the court seems proper.  R.S.O. 1990, c. S.26, s. 68.
69 The court may give such further directions as it considers necessary for the purpose of giving effect to an order.  R.S.O. 1990, c. S.26, s. 69.
70 (1) A certified copy of every order made under this Part shall be filed with the local registrar of the court out of which the letters probate or letters of administration issued. Idem (2) A memorandum of the order shall be endorsed on or annexed to the copy, in the custody of the local registrar, of the letters probate or letters of administration, as the case may be.  R.S.O. 1990, c. S.26, s. 70.
71 Where a deceased, (a)  has, in his or her lifetime, in good faith and for valuable consideration, entered into a contract to devise or bequeath any property; and (b)  has by his or her will devised or bequeathed that property in accordance with the provisions of the contract, the property is not liable to the provisions of an order made under this Part except to the extent that the value of the property in the opinion of the court exceeds the consideration therefor.  R.S.O. 1990, c. S.26, s. 71.
73 Where provision for the support of a dependant is ordered under this Part, a mortgage, charge or assignment of or with respect to such provision, made before the order of the court making such provision is entered, is invalid.  R.S.O. 1990, c. S.26, s. 73.
74 (1) Where a person by whom, or on whose behalf, an application may be made under this Part is a patient in a psychiatric facility under the Mental Health Act or a resident in a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 at the time of the deceased’s death or at any time before the application under this Part is heard and disposed of, notice of the application for letters probate or letters of administration shall be served upon the Public Guardian and Trustee on behalf of that person, and the time within which the Public Guardian and Trustee may make an application under this Part runs from the date of the service of the notice.  2009, c. 33, Sched. 8, s. 17 (1). Notice to Public Guardian and Trustee (2) Where a person interested in the estate in respect of which an application is made under this Part is a patient in a psychiatric facility under the Mental Health Act or a resident
in a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, notice of the application shall in every case be served upon the Public Guardian and Trustee, who has the right to appear and be heard upon the application.  2009, c. 33, Sched. 8, s. 17 (2). Section Amendments with date in force (d/m/y) 2001, c. 13, s. 31 (1, 2) - 30/11/2001 2008, c. 14, s. 60 (1, 2) - 01/01/2011 2009, c. 33, Sched. 8, s. 17 (1, 2) - 01/01/2011
75 The court may direct that the costs of the application be paid out of the estate or otherwise as it thinks proper, and may fix the amount of the costs payable by any party, exclusive of necessary disbursements, at a lump sum having regard to the value of the estate and the amount of any support applied for or directed by its order.  R.S.O. 1990, c. S.26, s. 75.
76 An appeal lies to the Divisional Court from any order of the court made under this Part.  R.S.O. 1990, c. S.26, s. 76.
77 (1) An order or direction made under this Part may be enforced against the estate of the deceased in the same way and by the same means as any other judgment or order of the court against the estate may be enforced. Realization of security (2) Where a court orders security for the payment under an order under this Part or charges a property therewith, the court may, upon application and notice to all persons having an interest in the property, direct its sale for the purpose of realizing the security or charge.  R.S.O. 1990, c. S.26, s. 77.
78 This Part binds the Crown.  R.S.O. 1990, c. S.26, s. 78.
79 This Part does not apply where the deceased died before the 31st day of March, 1978, but an application may be made under section 65 regardless of the time of the deceased’s death.  R.S.O. 1990, c. S.26, s. 79. ______________  Français
may make a will by a writing signed by him or her or by some other person in his or her presence and by his or her direction without any further formality or any requirement of the presence of or attestation or signature by a witness. Certificate of active service (2) For the purposes of this section, a certificate purporting to be signed by or on behalf of an officer having custody of the records certifying that he or she has custody of the records of the force in which a person was serving at the time the will was made, setting out that the person was on active service at that time, is proof, in the absence of evidence to the contrary, of that fact. Where certificate not available (3) For the purposes of this section, if a certificate under subsection (2) is not available, a member of a naval, land or air force is deemed to be on active service after he or she has taken steps under the orders of a superior officer preparatory to serving with or being attached to or seconded to a component of such a force that has been placed on active service.  R.S.O. 1990, c. S.26, s. 5.
is included in the residuary devise or bequest, if any, contained in the will.  R.S.O. 1990, c. S.26, s. 23.
the devise includes the leasehold estates of the testator or any of them to which the description extends, as well as freehold estates.  R.S.O. 1990, c. S.26, s. 24. Disposition of property over which testator has power to appoint
the devise vests in the trustee the fee simple or the whole of any other legal estate that the testator had power to dispose of by will in the real property and not an estate determinable when the purposes of the trust are satisfied.  R.S.O. 1990, c. S.26, s. 30.
and may revoke the designation by either of those methods. Same (1.1) A designation under clause (1) (a) may be provided electronically in accordance with the Electronic Commerce Act, 2000. 2020, c. 7, Sched. 15, s. 1. Idem (2) A designation in a will is effective only if it relates expressly to a plan, either generally or specifically.  R.S.O. 1990, c. S.26, s. 51. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 15, s. 1 - 12/05/2020 Revocation and validity of designation
the property is not liable to the provisions of an order made under this Part except to the extent that the value of the property in the opinion of the court exceeds the consideration therefor.  R.S.O. 1990, c. S.26, s. 71.