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Law of Intestacy in Ontario
Ontario has statutory provisions that detail who inherits an estate when the deceased did not have a valid Will.
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Dangers of A Younger Wife
The romantic entanglement of an elderly parent in failing physical and mental health can be a nightmare for children. [read more]
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Dependant's Relief
The disinherited may still have a chance to access the assets of the estate if they meet the criteria for seeking support. On behalf of Mary’s mother we would bring a Part V Succession Law Reform Act application for support alleging that John had not adequately provided for Mary’s mom out of the estate. In Ontario, Helen may qualify as a “dependant” because the legislation’s definition of dependant includes a spouse of the deceased even though the marriage was terminated as long as the deceased was providing support or was under a legal obligation to provide support to his ex spouse immediately before his death. Based on John’s agreement to support her for her entire life, Helen was arguably a dependant.
As an aside, our firm would not likely represent both Mary and Helen because there was a conflict between their respective interests because both Mary and Helen are looking to access the same pool of money for their different claims.
The funding of any award for a Part V Succession Law Reform Act claim would not be limited to those assets included in the Estate for the purposes of probate. For example, had the caregiver received gifts from John in contemplation of his death, or if John’s life insurance designated the caregiver as beneficiary, or if title to John’s home was changed to John and Sabrina as Joint Tenants these assets would not normally be included in the estate for a probate application, but could be used to fund a Part V Succession Law Reform Act support award.
Going to court in circumstances like these may or may not be the right thing to do. The purpose of this review is to provide the reader with some insight into the nature of the legal steps taken to protect one’s legal interest in an estate dispute. Despite the temptation to jump to conclusions, it would be a mistake to substitute this cursory discussion for substantive legal advice. For those considering this option, there is no replacement for hiring a competent solicitor whose own research, analysis and judgment should be canvassed prior to going to court.