If you were receiving financial support from your deceased parent, you may have grounds to file a dependants’ relief claim. However, you must be able to prove it. Once established, this claim allows you to seek financial support from the estate if it is not provided in the will.
You need to act quickly if you want to file a dependants’ relief claim. Under the Succession Law Reform Act (SLRA) in Ontario, you must file within six months of the probate being issued. The law requires evidence of your prior dependency. You must also show that the will does not offer sufficient support.
The court will consider various factors, including your financial needs, the size of the estate and your relationship to the deceased. If the court finds the will does not provide adequate support, it can order the estate to provide it for you.
SLRA Changes to the Rules on Dependants’ Support
In 2023, the SLRA updated the rules on the support of dependants, allowing more people to be able to claim support, including:
Children
Grandchildren
Siblings
Anyone else being financially supported prior to the deceased’s death