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Wills & Estates

What factors does an Ontario court weigh when deciding how much dependant support to award?

TSL Written by the Treadstone Law team· Updated August 2026

Ontario courts weigh a wide range of factors under Part V of the SLRA, and there's no fixed formula or percentage that applies across cases. Courts typically look at the dependant's needs and financial means, their age and health, their capacity to support themselves, the length and nature of their relationship with the deceased, and any contributions — financial or otherwise — the dependant made to the deceased or the deceased's estate. The size of the estate and what it can reasonably bear also matter, since a court can't order support the estate doesn't actually have.

Because this is a discretionary, multi-factor assessment rather than a calculation, no two dependant support awards look identical even in broadly similar situations, and courts aren't required to award any set amount just because someone qualifies as a dependant. This makes it hard to estimate a likely outcome without a detailed look at the actual facts — the dependant's needs, the strength of the evidence of the relationship, and the estate's assets all shape the result. Getting legal advice on your specific situation is the only reliable way to get a realistic sense of range.

Key takeaways

  • There is no fixed formula or percentage for dependant support awards in Ontario.
  • Needs, means, age, health, capacity for self-support, and the relationship's history all factor in.
  • The estate's actual size and assets limit what can realistically be ordered.
  • Outcomes are fact-specific, so estimating an amount requires a look at the real facts.
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.
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