Can someone left out of an intestate estate make a dependant's support claim in Ontario?
Yes. Even when a person dies intestate, certain individuals may have a right to claim dependant's support from the estate under the Succession Law Reform Act. This claim is separate from the intestacy distribution rules and can be brought by people who are not recognized as heirs under the intestacy formula — for example, a common-law partner, a financially dependent adult child, or a former spouse receiving support.
A dependant's support claim asks the court to order that a portion of the estate be used to provide support for the claimant, taking into account factors such as their financial need, the size of the estate, and the nature of the relationship with the deceased. Courts have significant discretion in these cases.
There are strict deadlines for making a dependant's support claim — generally, an application must be filed within six months of a Certificate of Appointment being granted. Anyone who believes they may have a claim should seek legal advice promptly.
Key takeaways
- Dependant's support claims can be made even against an intestate estate.
- Eligible claimants include common-law partners, adult dependent children, and former spouses.
- Courts have broad discretion to order support based on need and relationship.
- There are strict filing deadlines — seek advice as soon as possible.