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In some circumstances, a person dies without adequately providing for their dependants, either by failing to make a will, or by making a will without proper provisions. In those cases, the dependants can bring a claim for dependant’s relief to obtain appropriate remuneration and support.
These relief applications are technically challenging, and involve several special processes, such as specific limitation periods. Successful dependant’s relief claims require assistance from an estate litigation lawyer with extensive experience in making and defending such claims.
The estate lawyers at Arbesman Hamilton LLP in Toronto are compassionate and strategic advocates for beneficiaries seeking support, or executors and estate trustees facing a dependant’s relief claim. We provide clear, practical, and honest legal advice and guidance to clients involved in dependant’s relief claims and take on even the most challenging cases.
Generally, a testator (i.e. the person making a will) has the freedom to decide how to dispose of his/her assets. However, Ontario law provides certain limitations on this testamentary freedom and creates certain positive obligations on testators.
The Family Law Act contemplates an individual’s financial responsibilities to spouses, parents, and minor children. Additionally, under the Criminal Code, parents are obligated to provide minors with “the necessaries of life”.
Under the Succession Law Reform Act, a dependant who has not been adequately provided for by a testator can apply to court for dependant’s relief. Under the Act, a deceased testator and his/her estate may be ordered to pay adequate support to those who the testator supported financially prior to death.
Contact Arbesman Hamilton LLP in Toronto to obtain pragmatic legal guidance with dependant’s relief claims. Whether you are a beneficiary seeking adequate provisions from a testator, or you are an executor or estate trustee seeking assistance with defending a relief claim, we can help. Contact us online or at 416-481-5604 to book a consultation today.
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