Can I be cut out of a will entirely in Ontario, or do I have a right to support?

In Ontario, certain people cannot simply be cut out of an estate without recourse. The Succession Law Reform Act gives "dependants" the right to apply to court for support from a deceased person's estate if adequate provision was not made for them in the will (or under intestacy).

A "dependant" under the Act includes a spouse (married or common-law who was being supported), a former spouse to whom support is owed, a parent, child, sibling, or grandchild who was financially dependent on the deceased. A child does not have to be a minor — an adult child who was financially dependent can also qualify.

The court looks at a number of factors including the nature of the relationship, the claimant's financial circumstances, the size and nature of the estate, and any other moral claims on the estate. The court can order the estate to pay a lump sum or periodic payments, and it can even vary the distribution that the will provided for.

However, the dependant's relief provisions do not give every disappointed relative a claim. You must actually demonstrate financial dependence. An adult child who is financially independent has no automatic right to an inheritance, regardless of what a moral expectation might be. If you think you qualify as a dependant, seek legal advice quickly — there are time limits for making a claim.