Dependant Support Claims Against an Estate in Ontario

Part V of Ontario's Succession Law Reform Act lets a dependant who was not adequately provided for ask the court to order support from the deceased's estate.

Who is a dependant?

A spouse, parent, child or sibling to whom the deceased was providing support, or had a legal obligation to provide support, immediately before death. "Spouse" includes common-law partners who meet the definition.

What the court considers

• The dependant's needs and resources
• The relationship and its length
• Contributions to the deceased's welfare
• The deceased's legal and moral obligations

Timing

• Generally within six months after a certificate of appointment of estate trustee is issued; the court can extend this in some cases.
• Ask the court to stop distribution of the estate while the claim is decided.

Estate trustees

Trustees should be careful about distributing an estate while a claim is possible.

Get advice

These claims need an estates lawyer.

Sources

• Succession Law Reform Act
• Ontario: estate planning and wills

Read next: How Much Can an Executor Be Paid in Ontario?

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: the word justice written in black ink on a concrete surface · Hand writing with a fountain pen on paper.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.