What is a dependant support claim?
A dependant support (or dependant relief) claim lets certain family members ask a court to award support from an estate when the deceased failed to make adequate provision for them. It is available under provincial succession legislation such as Ontario's Succession Law Reform Act and BC's Wills, Estates and Succession Act.
Who qualifies as a dependant?
Typically a spouse or common-law partner, children (including adult children in some provinces), and sometimes parents or siblings to whom the deceased was providing, or was legally obligated to provide, support immediately before death. The definition varies by province.
How do courts calculate dependant support?
There is no fixed formula. Courts weigh the dependant's financial needs and resources, the size and nature of the estate, the deceased's legal and moral obligations, the length of the relationship, and any support already provided. The award cannot exceed what the estate can pay.
Can an adult child claim support in Canada?
It depends on the province. British Columbia's wills-variation regime is notably generous and allows adult independent children to challenge a will. Ontario limits claims to dependants who were being supported or were owed support, so a fully independent adult child usually cannot claim.