Ontario's Succession Law Reform Act allows eligible dependants to claim support from a deceased person's estate, regardless of what the will says. This is a significant right — but it depends entirely on qualifying as a "dependant" under the statute.
The statute defines dependant to include: a spouse (married or qualifying common-law — three years of cohabitation, or a child together with a relationship of some permanence); a parent; a child (including adult children); and a brother or sister of the deceased.
Being in one of those categories is a necessary but not sufficient condition. You must also show either that you were actually financially dependent on the deceased for support before their death, or that the deceased had a legal obligation to provide you with support. Both paths exist but have different requirements and different strengths.
Actual dependency means the deceased was in fact providing financial support to you — paying rent, contributing to living expenses, covering tuition. This requires financial evidence.
Legal obligation means a court order or statutory obligation required the deceased to pay support, regardless of whether they were actually paying. A child support order in effect at the date of death is the clearest example.
A qualifying common-law spouse generally has a stronger dependency claim than more distant relatives, because a long shared relationship typically involves some degree of financial interdependence. But the definition of qualifying common-law spouse (three years, or a child together) must be met — and shorter relationships that don't meet that threshold receive no protection.
A dependant support claim must be commenced within six months of the grant of probate. Courts rarely extend this deadline. If you think you may have a claim, get legal advice immediately — not after trying to resolve things informally and finding months have passed.
This is a general overview. For advice specific to your situation, contact Sheard Law at 416-860-9990 or use our intake form.
