Dependant's Relief Claims
Learn how dependants can apply for financial support from an estate if they were not adequately provided for in the Will or under intestacy laws
Even when a valid Will exists, the law requires that reasonable financial support be provided to certain people who relied on the deceased for care or support. If that support is not given, these individuals may be able to make a Dependant’s Relief Claim—a legal application to the court asking for a portion of the estate.
These claims are essential in cases where spouses, children, or others may have been left out of a Will, under-provided for, or affected by intestacy rules that do not reflect their needs.
Who Can Make a Dependant’s Relief Claim
The eligibility for a Dependant’s Relief Claim varies by province, but the most common claimants include:
| Potential Claimant | Conditions for Claim |
|---|---|
| Legal or common-law spouse | Must have been financially dependent on the deceased |
| Minor children | Automatically considered dependants if not fully provided for |
| Adult children with disabilities | May qualify if they were dependent on the deceased |
| Parents or siblings | Must prove financial dependency or shared household in some provinces |
Tip: Courts assess dependency based on financial reliance—not just family status. Even someone not named in the Will may have rights if they were clearly dependent.
How Courts Decide on Dependant’s Relief Claims
When someone brings forward a Dependant’s Relief Claim, the court will look at:
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The claimant’s current and future financial needs
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The size and nature of the estate
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The relationship with the deceased
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Any competing claims from other heirs or beneficiaries
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The intentions expressed in the Will
| Factor Considered | Why It Matters |
|---|---|
| Financial need | Court aims to ensure basic support is provided |
| Moral obligation | Especially in long-term common-law or stepfamily relationships |
| Legal obligations | Such as child support or spousal support owed at the time of death |
| Clarity of the Will | Judges may consider whether exclusion was intentional or simply an oversight |
Important: A Dependant’s Relief Claim can override a Will, change distributions, and delay probate. It is a powerful legal tool, especially in blended families or estranged relationships.
How to Reduce the Risk of a Claim Against Your Estate
You cannot always prevent a Dependant’s Relief Claim—but you can plan to reduce the risk and clarify your wishes.
Steps to take:
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Be realistic about who might be financially dependent
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Explain unequal or excluded gifts in a letter of wishes
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Provide support through insurance, trusts, or direct payments
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Talk with an estate lawyer about managing potential claims
A thoughtful, proactive plan reduces the likelihood of legal battles and supports smoother estate administration.
How Optimize Helps You Plan for Dependants
At Optimize, we guide you through not just the letter of the law—but the reality of your relationships. We help you understand your obligations to dependants, structure your estate to reflect those realities, and communicate your plan in a way that helps prevent conflict.
We support you by:
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Reviewing your Will and estate structure for risk of claims
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Helping you plan support for dependants through multiple channels
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Coordinating your financial strategy with legal protections
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Updating your plan as family dynamics and laws evolve
We believe clarity and compassion go hand in hand in estate planning.
Why Including Dependants Strengthens Your Estate Plan
You may not be able to predict every outcome—but by thinking about your dependants now, you can reduce risk, support the people who rely on you, and preserve peace in your family.
A Will is not just about who inherits—it is also about who might be unintentionally left behind. Make sure your plan considers everyone who matters.
Plan with awareness. Provide with intention. And build a legacy that protects and includes.