Summary
A will can leave someone out. In Ontario, that isn't always the last word. Part V of the Succession Law Reform Act lets a dependant ask the Superior Court of Justice to order support from the estate when the person who died didn't make adequate provision for them. This applies whether there was a will or not. The deadline is short, and the rules reach further than many families expect, including some assets that never pass through the will.
We handle these disputes for dependants and estate trustees. Here’s how the law works.
Who counts as a dependant
The Act defines a "dependant" as the deceased's spouse, parent, child, or brother or sister, to whom the deceased was providing support or was under a legal obligation to provide support immediately before death (SLRA s. 57).
Two points matter:
The relationship isn't enough on its own. The person must have been receiving support, or been owed support, immediately before the death.
"Child" and "parent" are broad. For Part V, "child" includes a grandchild and a person the deceased showed a settled intention to treat as a child of the family (s. 57). "Parent" includes a grandparent and a person who showed a settled intention to treat the deceased as a child of their family (s. 57).
The application can be brought by the dependant or by the dependant's parent (s. 58(2)). Certain government agencies that have provided social assistance or income support for the dependant can also apply (s. 58(3)).
What the court can order
Where the deceased, "whether testate or intestate, has not made adequate provision for the proper support of his dependants," the court may order "such provision as it considers adequate" out of the estate (s. 58(1)).
The court has wide tools. An order can be paid from income, capital or both. It can provide for periodic payments for a set or indefinite period, a lump sum, or a transfer of specific property, among other options (s. 63(2)). The court may also attach conditions and restrictions (s. 63(1)). Where the full picture isn't yet clear, it can make an interim order (s. 64).
The six-month deadline
This is the rule that catches people. No application under s. 58 may be made after six months from the grant of letters probate or letters of administration (s. 61(1)). Ontario courts now issue a "certificate of appointment of estate trustee", which the Rules of Civil Procedure define as letters probate or letters of administration (r. 1.03(1)). In practice, the clock runs from the date that certificate is granted.
There's one exception: the court, if it considers it proper, may allow a later application, but only for the portion of the estate still undistributed on the date the application is made (s. 61(2)). Once assets are paid out, they may be out of reach. Don't wait for the estate to be wound up.
This deadline is separate from the two-year limit that applies to many other claims against an estate. We covered that in our post on the Court of Appeal's Thiessen decision: https://francislawyers.ca/blog/claims-against-estate-two-year-limitation-ontario-thiessen-2026/
What the court weighs
In setting the amount and duration of support, the court "shall consider all the circumstances of the application," including (s. 62(1)):
the dependant's current assets and means, and those they're likely to have in the future;
their capacity to contribute to their own support;
their age and physical and mental health;
their needs, with regard to their accustomed standard of living; and
the measures available for them to become self-supporting, and the time and cost involved.
The list in s. 62(1) is longer than this, and every case turns on its own evidence. Good financial records on both sides make a real difference.
Assets outside the will can count
Many people assume that anything passing outside the will, such as a joint account or a jointly owned home, is beyond a support claim. Under Part V, that isn't so. For the purpose of these claims, s. 72(1) treats the capital value of certain transactions as part of the net estate, including:
gifts made in contemplation of death (gifts mortis causa);
money in an account in the deceased's name in trust for another;
money in a joint account payable to the survivor on death;
property the deceased held with another person as joint tenants at death; and
dispositions the deceased could still revoke, or whose principal they could still use, at death.
It also covers life insurance owned by the deceased on their own life, group life insurance, and beneficiary designations under Part III of the Act, such as on certain plans and funds (s. 72(1)(f)–(g)).
There are limits. In-trust accounts, joint accounts and joint tenancies count only to the extent the deceased supplied the money or property (s. 72(2)), and the dependant must prove that it belonged to the deceased (s. 72(3)). Still, the pool available to satisfy a support order can be larger than the estate the will itself controls.
Freezing the estate while the claim is decided
Two provisions protect a dependant while the case is pending:
Distribution stops on notice. Once an application is made and notice is served on the estate trustee, the trustee must not proceed with distribution until the court disposes of the application, unless everyone entitled to apply consents or the court orders otherwise (s. 67(1)). Reasonable advances for support to dependants who are beneficiaries are still allowed (s. 67(2)).
Suspending administration. On application by or for dependants, the court may suspend the administration of the estate, in whole or in part, for as long and as far as it decides (s. 59(1)).
Practical takeaways
If you were depending on the person who died:
Check the date the certificate of appointment of estate trustee (letters probate or administration) was granted. Your six-month clock runs from then (s. 61(1)).
Start the application and serve notice of it on the estate trustee early to stop distribution (s. 67(1)).
Gather proof of the support you received and of your own means and needs.
If you're an estate trustee:
Don't distribute after being served with notice of an application (s. 67(1)); a trustee who does can be personally liable for the amount distributed (s. 67(3)).
Remember that joint accounts, jointly held property and some insurance and beneficiary designations can be counted in a support claim (s. 72(1)).
FAQ
Who can make a dependant's support claim in Ontario?
A spouse, parent, child, brother or sister of the deceased whom the deceased was supporting, or was legally obliged to support, immediately before death (Succession Law Reform Act s. 57). The dependant or the dependant's parent can apply (s. 58(2)), as can certain agencies that provided social assistance (s. 58(3)).
What is the deadline for a dependant's support claim?
Six months from the grant of letters probate or letters of administration, now called a certificate of appointment of estate trustee (s. 61(1)). After that, the court may allow a claim only against the part of the estate not yet distributed (s. 61(2)).
Can a support claim reach a joint bank account?
It can. For Part V claims, money in a joint account payable to the survivor on death is treated as part of the net estate (s. 72(1)(c)), to the extent the money was the deceased's (s. 72(2)). The dependant must prove that (s. 72(3)).
Can the estate be distributed while a claim is pending?
Not after notice of the application is served on the estate trustee, unless everyone entitled to apply consents or the court orders otherwise (s. 67(1)).
Does a claim apply if there was no will?
Yes. Section 58(1) applies whether the deceased died with or without a will.
Talk to us
Left out of an estate you depended on, or administering one that faces a claim? Our lawyers handle estate litigation for families and estate trustees across Ottawa. Book a consultation: (613) 226-1011 (Mon–Fri, 9 AM–5 PM) or https://francislawyers.ca/contact/
This content is general information about Ontario law as of October 2026. It is not legal advice and does not create a lawyer-client relationship. Laws change and every situation is different. Speak with a lawyer about your specific circumstances. Written by the lawyers of Francis Mehr LLP (Francis Lawyers), Ottawa.
