What is The Dependants' Relief Act and how does it work in Saskatchewan?
This answer covers the law of Saskatchewan.
The Dependants' Relief Act, 1996 lets certain family members claim from an estate when the will does not make adequate provision for them. Dependants include a legal, common-law or same-sex spouse, children under 18, and adult children who cannot support themselves because of a disability.
Timing matters. Distribution may be delayed six months after Letters are obtained where a dependant may claim under the Act. A surviving spouse may also apply for division of family property, but under section 30(2) of The Family Property Act that application may not be commenced more than six months after the grant of probate or administration, and spouses who signed a valid waiver cannot apply.
Do not assume that being left out of a will ends your options. How a court weighs a claim, how much support might be ordered, and the deadline for a dependant's claim depend on the facts, so get legal advice promptly. An executor should also remember that final distribution cannot occur until the Canada Revenue Agency (CRA) clearance certificate is received.
Key takeaways
- Dependants include legal, common-law and same-sex spouses, children under 18, and adult children unable to support themselves due to disability.
- A claim under The Dependants' Relief Act, 1996 is based on the will making inadequate provision.
- Distribution may be delayed six months after Letters are obtained where a dependant may claim.
- A surviving spouse's family property application cannot be commenced more than six months after the grant, and a valid waiver bars it.