Think about making a dependant’s support claim
In Ontario, the law says that people must give financial support to their dependants if they can.
You might be able to make a dependant's support claim if you were getting financial support, or had a legal right to get financial support, from the person just before they died.
A dependant can be your or partner, married partner you'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
No will
You might also be able to make a dependant's support claim if the person died without a will and you do not get anything from their based on the .
The intestacy rules do not give anything to a common-law partner, or to stepchildren who were not legally adopted.
The rules may also give nothing to a person who's separated from their married partner.
Deadlines
To make a dependant's support claim 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 estate.
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.