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Wills & Estates

Can a court still award support to a dependant even though the will already left them something?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. Being named in the will doesn't automatically satisfy Ontario's dependant support rules — the real question under Part V of the SLRA is whether the deceased made adequate provision for that person's proper support, not simply whether they were left something. If a court finds that what a qualifying dependant received falls short of what their needs and circumstances actually call for, it has discretion to order additional support from the estate, on top of or instead of the will's gift.

What counts as "adequate" turns on the dependant's needs and means, their age and health, the length and nature of their relationship with the deceased, and similar factors courts weigh under Part V — there's no fixed formula or percentage. A modest, or even a specific, gift in a will is evidence of the deceased's intentions, but it doesn't close the door on a support claim if that gift doesn't actually meet the dependant's needs. Anyone wondering whether what they were left is likely to be treated as adequate should get legal advice on their specific situation.

Key takeaways

  • Being named in a will doesn't prevent a separate dependant support claim.
  • The test is adequacy of support, not whether the dependant was mentioned at all.
  • Courts weigh needs, means, health, age, and the relationship — there's no fixed formula.
  • A support order can add to, or replace, what the will already provided.
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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