- If a deceased person did not make adequate provision for the proper support of dependants, the court may order adequate support out of the estate, whether or not there was a will.
- The Succession Law Reform Act sets a six-month limitation period for a dependant support claim.
- A surviving married spouse has separate choices, including an equalization election that must be filed within six months of death.
When a spouse or parent dies and the will leaves you little or nothing, or there is no will and the rules do not cover your needs, it can be frightening. Ontario law gives some people a way to ask a court for support from the estate.
This article explains in general terms how a dependant's support claim works, how it differs from a surviving spouse's other options, and why acting early matters. Every estate is different, so use it as a starting point for a conversation with a lawyer.
What a dependant's support claim is
Under section 58(1) of the Succession Law Reform Act, if a deceased person, with or without a will, did not make adequate provision for the proper support of dependants, the court may order adequate support out of the estate.
In plain words, the question is whether the person who died left enough to support the people who relied on them. The claim does not depend on what the will says, and it can apply where there is no will at all.
Who can bring a claim
The claim is for dependants. Whether you count as a dependant, and how much support is proper, depends on your relationship with the person who died, your needs and the facts of the estate. How this applies to you depends on your situation, so do not assume you are excluded and confirm it with a lawyer.
Because the details turn on your circumstances, a lawyer can tell you whether you have a claim and what evidence is useful, such as financial records showing your needs and how the deceased supported you.
The six-month deadline
Section 61(1) of the Succession Law Reform Act sets a six-month limitation period for a dependant support claim under section 58. This is short, and missing it can put the claim at risk.
When the six months starts to run, and whether a court can allow a late claim against assets that have not yet been distributed, are points to confirm with a lawyer right away rather than assume. Do not wait for the estate to be settled before getting advice.
A surviving married spouse has other options too
A support claim is separate from the choices a surviving married spouse has. The survivor can claim half the difference in net family property under the Family Law Act, take what the will gives, or, if there is no will, take their share under the Succession Law Reform Act.
| Option | Key point |
|---|---|
| Equalization under the Family Law Act | File the Election of Surviving Spouse form with the Estate Registrar for Ontario no later than six months from the spouse's death |
| Take under the will | If no election is filed, the survivor is deemed to take under the will or intestacy |
| Dependant support claim | Court may order adequate support out of the estate; six-month limitation period |
If the survivor elects equalization, gifts to them in the will are deemed revoked unless the will expressly says the gifts are in addition. The estate also cannot be distributed within six months of death without the survivor's written consent or court authorization.
Common-law partners are not covered by the equalization rules in the same way, since common-law couples are not legally required to split property acquired while living together. Whether a support claim is available to you is a question for a lawyer.
What to do next
- Write down the date of death today, because the equalization election must be filed within six months of death, and the support claim has its own six-month limit whose starting point is worth confirming with a lawyer.
- Get legal advice quickly about which options fit you and when each period starts.
- Gather records of your income, expenses and how the deceased supported you.
- Ask for a copy of the will, if there is one, and a list of the estate's assets.
- Do not sign a consent to distribute the estate until you understand your choices.
- Ask an accountant about the tax consequences of any property or RRSP and RRIF funds you receive.
Frequently asked questions
Can I claim support from an estate if there is no will?
Yes, it can apply either way. The court may order adequate support out of the estate where the deceased, with or without a will, did not make adequate provision for the proper support of dependants.
What is the deadline for a dependant support claim?
The Succession Law Reform Act sets a six-month limitation period. Because the starting point and any room for a late claim need to be confirmed, speak with a lawyer as soon as you can.
Is this the same as claiming equalization?
No. Equalization is a Family Law Act election available to a surviving married spouse, and it must be filed within six months of death. A dependant support claim is a different claim under the Succession Law Reform Act.
Can the estate be distributed while I decide?
A surviving spouse's written consent or court authorization is needed to distribute the estate within six months of death. Get advice before signing anything.
Sources
- Ontario.ca – Dividing property when a marriage or common law relationship ends — ontario.ca
- Ontario.ca – Administering estates — ontario.ca
- Ontario.ca – Land Registration Bulletin 86009, Family Law Act, 1986 — ontario.ca
- Court of Appeal for Ontario – Appleyard v. Zealand, 2022 ONCA 570 (quoting SLRA s. 58(1)) — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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