Hull & Hull LLP
By Suzana Popovic-Montag
October 15th, 2025
When a person passes away without making adequate provision for their dependants, dependants may apply to the court for support from the deceased’s estate.
Defining Dependant:
Under the Succession Law Reform Act (the “SLRA”), the definition of the term “dependant” includes a deceased’s spouse, parent, child, or sibling. The Ontario courts have interpreted this term broadly, particularly with respect to who may qualify as a child or spouse, recognizing that dependency can take many forms and that family relationships are not always traditional or straightforward. Ultimately, the applicant bears the burden of proof and must establish, on a balance of probabilities, that they are a “dependant”.
Proving Dependency:
The starting point for proving dependency is typically an affidavit that provides clear, comprehensive evidence of the applicant’s relationship with the deceased and any dependency that existed prior to death. If the affidavit contains little information or is vague, it may be insufficient to satisfy the burden of proof. The affidavit should also address entitlement to support, including the dependant’s current needs, means and circumstances. If the deceased provided financial support to the dependant regularly before they died, it should be clearly documented in the applicant’s evidence.
Counsel should ensure that the record not only establishes that the applicant is a dependant, but also establishes what level of support is reasonable in light of the estate’s means and the applicant’s genuine needs. By combining thorough affidavits, robust financial disclosure and, where appropriate, evidence of the applicant’s life expectancy, expert evidence regarding the cost of the applicant’s lifestyle, and, lastly, evidence supporting a claim for non-essentials, practitioners ought to be able to build a persuasive case for dependant support.
Suzana Popovic-Montag, Managing Partner, Hull & Hull LLP, Toronto
