Who qualifies as a 'dependant' who can make a support claim from an estate in Ontario?

The Succession Law Reform Act defines "dependant" broadly for the purposes of a dependant's support claim. The category includes a spouse (legally married), a common-law partner who was cohabiting with the deceased at the time of death, a parent, a child (including an adult child who was financially dependent), or a sibling to whom the deceased was providing support or was under a legal obligation to provide support.

Simply being a relative is not enough — the claimant must show they were actually dependent on the deceased for support, or that the deceased was providing support even if not legally required to. The stronger and more recent the financial dependence, the more likely a court will order support.

The claim is made against the estate itself, regardless of whether there is a will or the estate is intestate. Courts consider the claimant's need, the size of the estate, the relationship, and other circumstances. A successful claim takes priority over the distribution to other beneficiaries or heirs.