1. Think about making a dependant’s support claim
You can think about making a 's support claim if a loved one died without leaving you anything in their will. Or did not leave you as much as you think they should have.
You can also think about making this claim if they died without a will, and you get nothing based on the .
In Ontario, the law says that people must financially support their dependants if they can.
You might be able to make a dependant's support claim if just before the person died, they:
- were supporting you financially, or
- the law said they had to support you.
A dependant can be the person's or partner, married partner they're from, divorced partner, child, stepchild, grandchild, parent, grandparent, brother, sister, or any sibling.
For example, you might be able to make a claim if the person who died was your:
- parent or step-parent and they were paying your school fees
- common-law partner and you did not work outside the home as they paid all the bills
- sister, brother, or any sibling and you were living with them because you could not work outside the home and they paid all the bills
Deadlines
You have to go to court and prove your relationship to the person who died and why you need financial support.
You must usually do this within 6 months of a person being named the for the .
A judge can let your claim go ahead after this date. But if they do it may be harder to get money from the estate if some of its have already been distributed.