- Dependant's support claims under the SLRA are available to a defined group of people the deceased was supporting, or was legally obligated to support, immediately before death.
- Probate and dependant's support are two different legal questions.
- " If a parent added an adult child to an account mainly for banking convenience rather than to make a genuine gift, a presumption can exist that the child holds the funds in trust rather…
A lot of Ontario estate planning is built around one goal: keep assets out of probate. Joint accounts, life insurance with a named beneficiary, and registered plans with a designated recipient all typically pass outside the estate, bypassing the court process entirely.
That's a legitimate and common planning approach. But it isn't a guarantee. If you leave a dependant without adequate provision, Ontario's Succession Law Reform Act (SLRA) gives the court room to look past how an asset was legally structured — including assets that never touched probate — when deciding what's fair.
This article explains, in general terms, why "it skipped probate" and "it's untouchable" are not the same thing.
Who Counts as a Dependant
Dependant's support claims under the SLRA are available to a defined group of people the deceased was supporting, or was legally obligated to support, immediately before death. This generally includes a spouse (married, or a common-law partner who meets the relevant relationship criteria), a child, a parent, or a sibling, depending on the support relationship that actually existed.
Not every family member qualifies automatically — the claim turns on the support relationship, not just the label "family."
Why Probate-Avoiding Assets Aren't Automatically Off Limits
Probate and dependant's support are two different legal questions. Probate is about who has authority to administer an estate and what needs court confirmation. Dependant's support is about whether the people the deceased was supporting were left with adequate provision.
Because of that distinction, the SLRA's dependant's support framework isn't limited to only what passed through the formal probate estate. A court considering a support claim can, in the right circumstances, treat certain assets that were structured to pass outside the estate — such as jointly held accounts or life insurance with a named beneficiary — as available for the purposes of deciding or funding a dependant's support order.
This is a fact-specific, discretionary area of the law. Courts weigh the deceased's real intentions, the timing of any transfer, and the circumstances of the dependant. It is not a rule that automatically unwinds every joint account or beneficiary designation.
Where This Tends to Come Up
- Joint accounts added "for convenience." If a parent added an adult child to an account mainly for banking convenience rather than to make a genuine gift, a presumption can exist that the child holds the funds in trust rather than owning them outright — which can affect how those funds are treated.
- Life insurance and registered plans. A named beneficiary designation usually pays out directly and quickly. That doesn't necessarily insulate the proceeds from being weighed in a dependant's support analysis, particularly where a dependant was left with little or nothing else.
- Transfers made shortly before death. Timing and circumstances matter to a court assessing whether an asset was genuinely given away or arranged to defeat a dependant's claim.
The Clock Still Runs
Ontario law sets a general limitation period for bringing a dependant's support claim: six months from the grant of probate or letters of administration. A court has some discretion to allow a later claim against any part of the estate that hasn't yet been distributed, but that discretion isn't automatic. As of mid-2026, verify this timeline before relying on it, and act promptly if you believe you may have a claim.
What This Means for Planning
If you're structuring assets to avoid probate, it's worth thinking about the whole family picture — not just tax and speed. Leaving a genuine dependant without adequate provision, even through assets that pass outside your estate, can still invite a legal claim after your death. A lawyer can help you plan in a way that meets your goals without leaving that exposure open.
Frequently asked questions
If I add my adult child as joint owner on my bank account, is that account automatically safe from a dependant's support claim?
Not automatically. If the account was added mainly for convenience rather than as a genuine gift, or if a dependant was left without adequate provision, the funds could still be considered as part of a support analysis. The outcome depends heavily on the specific facts.
Does a common-law partner count as a dependant?
Possibly, depending on whether the relationship meets the legal criteria for a "spouse" for dependant's support purposes — this differs from the rules for automatic inheritance on intestacy, where only a legally married spouse qualifies. It's worth getting advice specific to your situation.
Can life insurance with a named beneficiary be affected by a dependant's support claim?
It's possible in some circumstances, even though the proceeds pass directly to the named beneficiary outside the estate. Courts look at the overall fairness of what a dependant received, not simply which account or policy the money came from.
How long do I have to bring a dependant's support claim?
There's a general six-month limitation running from the grant of probate or letters of administration, with limited court discretion to extend it in some circumstances. Confirm the current rule and act quickly, since delay can weaken your position.
This is a wills & estates question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.