April 28, 2026

Dependant Support Claims in Ontario: What Happens When Family Is Left Out

Left out of a will in Ontario, or a common-law partner facing no inheritance? Learn how dependant support claims work, who qualifies, and the 6-month deadline.

Imagine losing your partner or parent, only to find the will leaves you with little or nothing - even though you depended on them. In Ontario, that is not always the final word.

The law recognises that some people genuinely relied on the person who died, and it gives those people a way to ask for support. This guide explains how dependant support claims work, who can bring one, and why acting quickly is so important.

When a Will Does Not Provide Enough

In Ontario, people are generally free to leave their property to whomever they choose. But that freedom has limits. The law says you cannot ignore the people who truly depended on you. Under Part V of the Succession Law Reform Act - the Ontario law that deals with dependant support - a court can order support from an estate for certain family members who were left without enough.

This is called a dependant support claim (sometimes dependant relief). It is one of the few situations where a court can override a will, or override the rules that apply when there is no will, to make sure a genuine dependant is not left in hardship.

Who Counts as a Dependant?

Not everyone who is upset by a will can bring this kind of claim. A dependant is a specific person the deceased was supporting, or had a legal duty to support, right before death. In Ontario, the categories are:

• A spouse - including a qualifying common-law spouse (a partner you lived with in a marriage-like relationship without being legally married; certain conditions, such as how long you lived together, usually apply)
• A parent of the deceased
• A child of the deceased - which can include an adult child in some circumstances
• A sibling (a brother or sister) of the deceased

Being in one of these categories is not enough on its own. You also have to show the deceased was actually providing you support, or was legally obliged to, just before they died. In other words, there was real dependence.

The common-law spouse distinction

This is one of the most important - and most misunderstood - points in Ontario estate law. If someone dies without a will, a common-law partner does not automatically inherit. The no-will rules (called intestacy) share the estate among legally married spouses and blood relatives, and a common-law partner is not on that list.

But a common-law spouse can bring a dependant support claim. So a partner who would inherit nothing under the intestacy rules may still be entitled to support from the estate as a dependant. If you lived with your partner and relied on them, do not assume you have no rights just because you were not married or named in a will. This is exactly the situation dependant support was designed for.

What Does Adequate Provision Mean?

The heart of the claim is a simple question: did the deceased make adequate provision for the dependant? Adequate provision means enough proper support, judged by the dependant's real needs and circumstances - not a fixed dollar figure.

If the will (or the intestacy rules) left a dependant with less than adequate support, the court can order the estate to provide more. What counts as adequate is very fact-specific. A young child, a disabled adult child, and a long-term common-law spouse may each need very different things.

The Six-Month Time Limit

Timing is critical, so read this carefully. A dependant support claim should generally be started within six months of the Certificate of Appointment of Estate Trustee being issued. That certificate is the court document confirming the executor's authority to act.

A court can allow a late claim, but usually only out of the part of the estate that has not yet been distributed. Once the estate is paid out, there may be nothing left to claim against. Every week matters, because assets can be handed out during that window. If you think you may be a dependant, speak to a lawyer well before the six months are up - do not wait.

What the Court Looks At

When deciding whether to order support - and how much - the court weighs many factors about the dependant and the estate. These commonly include:

• The dependant's financial needs, age, and health
• How close the relationship was, and how long it lasted
• What the deceased was providing before death, and any promises they made
• The dependant's own resources and ability to support themselves
• The size of the estate and the needs of others who have a claim on it
• Any legal or moral obligation the deceased had toward the dependant

The goal is fairness: making sure someone who genuinely relied on the deceased is not left in hardship, while respecting the interests of everyone else with a stake in the estate.

What Support Can a Court Order?

If a court decides a dependant was not adequately provided for, it has broad power to put things right from the estate. Support is not one-size-fits-all. Depending on what the dependant genuinely needs, an order might include:

• Regular payments - a monthly or periodic amount to help cover ongoing living costs
• A lump sum - a single payment, which can give certainty and avoid returning to court later
• The use of a home or other property - for example, letting a surviving partner keep living in the family home
• A transfer of a specific asset - handing over particular property to meet a pressing need
• A charge against estate assets - securing the support against property so it is actually paid

The court shapes the order to fit the situation, balancing the dependant's needs against the size of the estate and the fair claims of everyone else who depends on it. Support can be ordered for a short time while matters are sorted out, or made to continue for years. Because the remedy is so flexible, two cases that look alike on the surface can end very differently - which is why a lawyer's candid assessment of your own circumstances is so valuable.

How This Works With a Will - or With No Will

A dependant support claim can arise in two situations. The first is when there is a will that leaves the dependant out, or gives them too little. The second is when there is no will at all, and the intestacy rules do not provide enough - or, as with a common-law spouse, provide nothing.

Because the claim can override both a will and the no-will rules, it sits alongside other estate disputes rather than replacing them. Someone might, for example, challenge a will's validity and, at the same time, bring a dependant support claim in case the will stands. An estate lawyer can help you sort out which path - or combination - fits your situation.

Key Takeaways

• Ontario law can override a will, or the no-will rules, to support certain dependants who were left without enough
• Dependants include a spouse (including common-law), a parent, a child (sometimes an adult child), and a sibling - if the deceased was supporting them or had to
• A common-law spouse does not automatically inherit on an intestacy, but can bring a dependant support claim
• The test is whether the deceased made adequate provision - enough proper support for the dependant's real needs
• Claims should generally start within six months of the Certificate of Appointment; late claims usually reach only undistributed assets
• Act quickly and get advice, because assets can be distributed and time limits can bar a claim