TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Wills & Estates/Can an Ontario court extend…
Wills & Estates

Can an Ontario court extend the six-month deadline to bring a dependant support claim?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, but with an important limit. SLRA s.61(2) gives Ontario courts discretion to allow a dependant support claim to be brought after the usual six-month deadline has passed. The catch is that an extended claim can only reach the part of the estate that hasn't yet been distributed to beneficiaries at the time the extension is granted — the court can't unwind gifts or transfers that have already been properly paid out.

This means an extension is most useful when at least some of the estate is still sitting with the estate trustee, and progressively less useful the further distribution has gone. A court considering whether to grant an extension will look at the whole picture — including why the claim wasn't brought sooner and what's realistically still available — but there's no fixed test or guaranteed outcome. If you've missed the six-month window, don't assume it's too late, but don't assume it's fine to wait either — the practical value of an extension shrinks the longer the estate has to distribute assets. Getting legal advice promptly is the best way to find out where things actually stand.

Key takeaways

  • Courts can extend the six-month deadline under SLRA s.61(2), but it isn't automatic.
  • An extension only reaches property that hasn't already been distributed.
  • The longer distribution has progressed, the less an extension is likely to be worth.
  • Missing the deadline is not automatically fatal, but delay still has real costs.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →