Generally speaking, everyone is free to decide who will inherit their property after their death. This is called testamentary freedom. However, this right is not absolute; the law in Ontario (and elsewhere in Canada) imposes limits on testamentary freedom in certain circumstances, and in particular, where the will of the deceased excludes or fails to […]
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Sometimes, a person dies without properly providing for his or her dependants – either by failing to make a will at all, or by leaving a will that inadequately provides for someone dependant on the deceased. Although a testator (ie. a person making a will) is generally free to decide how to dispose of his or her assets, Ontario’s Succession Law Reform Act provides certain limitations on that testamentary freedom. This legislation allows a dependant who has not been provided with proper support by the deceased to apply to court for dependant’s relief. Dependant’s relief applications can be challenging in a number of different ways. Special limitation periods are involved, and certain types of assets which would normally pass outside of an estate can be clawed back in to satisfy a support order. The lawyers at de VRIES LITIGATION have extensive experience with dependant’s relief applications, having represented both claimants who have not been adequately provided for, as well as estate trustees facing a dependant’s relief claim against an estate.
Related papers/blog
Divisional Court Guidance on “Proper Support”
Bonnie and Danny had a 12 year common law relationship. In a modern twist on the typical fact scenario, Bonnie was the older, successful business woman and Danny was the younger man who left his job at Bonnie’s car dealership to look after things at home. At trial, Justice Greer found that they were very […]
read moreDependant’s Relief and Competing Claims
In the recent case of Cowderoy v. Sorkos Estate, 2014 ONCA 618, the Ontario Court of Appeal considered the question of how competing claims against an estate are to be appropriately balanced. Gus Sorkos and Victoria Cowderoy were in a common-law relationship until Victoria’s death in 2001. During that time, Gus became close with Victoria’s […]
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