Google | Generative AI
Generated on July 15th, 2025
To file a dependant support claim against an estate, you must file a Notice of Application with the court and provide supporting evidence in an affidavit, typically within six months of the estate trustee being appointed.
The claim must be based on your relationship with the deceased and your financial need. It will be assessed based on factors like your age, health, standard of living, and future ability to support yourself. Be prepared to provide evidence!
Steps to file a claim
- File a Notice of Application: You must officially start the process by filing a Notice of Application with the court.
- Submit an affidavit and evidence: Support your claim by submitting an affidavit and any other documented evidence that proves your relationship with the deceased and your financial situation.
- Meet the deadline: This application must generally be filed within six months of the “Certificate of Appointment of Estate Trustee” (probate) being granted. A judge may allow a late claim, but it can be more difficult if assets have already been distributed.
What the court considers
- Financial need: The court will assess your current and future financial needs, your ability to provide for yourself, and your standard of living.
- Relationship with the deceased: The duration and proximity of your relationship with the deceased are considered.
- Your circumstances: Your age, physical and mental health, and any contributions you made to the deceased’s welfare are important factors.
- The estate’s circumstances: The court will also consider the size of the estate and whether the deceased had other dependents.
Potential outcomes
- The court may order a lump-sum payment or periodic payments.
- It may order a specific property to be transferred or assigned to you or held in trust for your benefit.
Other common terms for “dependant support claim” include dependant’s relief claim, Family Maintenance and Support (FMS) claim, or simply a claim for support from an estate. Other terms that describe the action are an application for support or seek financial assistance.
- Dependant’s relief claim: This term is often used, especially in Canadian provinces like Ontario and British Columbia, to describe a claim for financial support from a deceased’s estate.
- Family Maintenance and Support (FMS) claim: Another common term for this type of claim, used to ensure dependants receive sufficient funds for their care from the deceased’s estate.
- Application for support: This describes the process of making a claim for support from the estate, often used when the will doesn’t provide for the dependant.
- Seek financial assistance: This is a broader phrase that can describe the goal of a dependant support claim, especially when the estate is not adequately providing for dependants.
- Claim for support from an estate: A direct and descriptive phrase for the claim itself, which can be made when someone dies without a will or with a will that doesn’t adequately provide for dependants.
Because these claims can be complex, it is highly recommended to consult with an estate lawyer to ensure you navigate the process correctly.
Generative AI is experimental. For legal advice, consult a professional.
Google | Generative AI | Prompt: “how to file a dependant support claim against an estate”
