Can a dependant support claim proceed if the estate has already been mostly distributed?
It can, but only against what's actually left. SLRA s.61(2) gives Ontario courts discretion to let a dependant support claim proceed even after the usual six-month deadline has passed, but only against the part of the estate that hasn't yet been distributed to beneficiaries. If most of the estate is already out the door, that can leave very little — or nothing — for a court to actually order support from, even where the underlying claim is otherwise a strong one.
This is why timing matters so much in these cases: an estate trustee who distributes early, before the six-month window closes or a known claim is resolved, can complicate things for everyone involved, and in some circumstances risks personal exposure for doing so. A dependant who suspects distribution is happening, or about to happen, should act quickly and get legal advice right away, since delay can mean the practical value of an otherwise valid claim shrinks along with what's left in the estate.
Key takeaways
- A claim can proceed after most of the estate is distributed, but only against what remains.
- Heavy prior distribution can leave little or nothing available even for a strong claim.
- Estate trustees who distribute too early risk complications, including possible personal exposure.
- Act quickly if you suspect distribution is underway — delay shrinks what's actually recoverable.