If a deceased person fails to provide for their common-law partner in their Will, the surviving partner can file a dependant’s relief claim under Ontario’s Succession Law Reform Act. An executor must immediately freeze estate distributions, and Superior Court of Justice filing fees for this application are currently $243 CAD.
When someone passes away in Ontario, their common-law partner does not automatically inherit their property or estate, unlike legally married spouses. However, if the deceased was financially supporting their partner before death, that legal obligation does not simply disappear. The surviving partner may be entitled to claim support directly from the estate assets to maintain a reasonable standard of living.
For an executor (Estate Trustee), dealing with a disinherited common-law spouse is a highly sensitive and legally complex situation. 📊 Under the Succession Law Reform Act (SLRA), you cannot simply distribute the money to the named beneficiaries and ignore the surviving partner. If you do, you could be held personally liable for the funds. This guide explains how to properly manage a dependant’s relief claim in Ontario to protect both the estate’s integrity and your own legal standing.
Step-by-Step Process in Ontario
Whether the deceased lived in Toronto, Mississauga, or Ottawa, the rules for estate administration and dependant support remain the same across the province. You must follow these exact steps through the Superior Court of Justice.
Step 1: Identifying the Common-Law Relationship
First, you must determine if the survivor actually qualifies as a common-law spouse under Ontario law. 👩 In this province, a couple is considered common-law for support purposes if they have lived together continuously for at least three years, or if they have a child together and are in a relationship of some permanence. If they meet this strict legal test, the survivor has the standing to request ongoing spousal support from the estate.
Step 2: Freezing the Estate Distributions
The moment you become aware that the common-law partner might make a formal claim, you must hit the brakes. Under Ontario law, once a dependant’s relief application is filed, an executor is strictly forbidden from distributing any estate assets. If you mistakenly give away the money to the heirs and the court later orders support for the partner, you will have to pay the missing funds out of your own pocket.
Step 3: Gathering Financial Disclosure
To determine how much support is fair, both the estate and the surviving partner must provide full, sworn financial transparency. 📈 The partner will need to submit a detailed statement outlining their monthly living expenses, independent income, and personal assets. As the executor, you will provide a complete inventory of the deceased’s assets, including bank accounts, real estate, and corporate investments.
Step 4: Negotiating a Settlement
Going to a full trial is incredibly expensive and rapidly drains the estate’s resources. Most applicants in this province choose to negotiate a settlement out of court using professional mediation. Your law firm will help you calculate a fair lump-sum payment or a monthly allowance to satisfy the partner’s legal needs, thereby preserving the remaining assets for the named beneficiaries in the Will.
Step 5: Seeking Court Approval
Once an agreement is reached, or if a judge has to make the final binding decision, the Superior Court of Justice will issue a formal order. 💰 Only after this court order is signed and the agreed-upon support is paid out (or securely held in trust) can you safely distribute the rest of the estate to the heirs according to the original Will.
How Much Does it Cost in Ontario?
Handling a dependant’s relief claim adds significant legal costs to the standard probate process. As of May 2026, here is what you can expect in CAD: 💵
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Superior Court Filing Fee | $243 (Notice of Application) |
| Estate Administration Tax (Probate Fee) | $15 per $1,000 of assets over $50,000 |
| Estate Litigation Lawyer Fees | $400 – $850+ per hour |
| Mediation Services | $2,000 – $5,000 per day |
How Long Does the Process Take?
In Ontario, a surviving common-law partner has exactly six months from the date the grant of probate (Certificate of Appointment of Estate Trustee) is issued to file their claim. 🕓 If they miss this critical deadline, it is extremely difficult to get court permission to apply late. Once the claim is filed, reaching a settlement usually takes 8 to 18 months, depending heavily on local court backlogs and the willingness of the parties to compromise.
Frequently Asked Questions (FAQ)
Can the deceased’s adult children fight the common-law partner’s claim?
Yes. The named beneficiaries (often the deceased’s children) have a legal right to participate in the court proceedings. They may argue that the surviving partner has enough of their own money to support themselves without taking from the estate.
Does a common-law partner automatically get half the house?
No. Unlike legally married couples, common-law partners in Ontario do not have an automatic statutory right to equalize net family property. They are only entitled to what they genuinely need for proper support, unless their name is directly on the property title.
Can I distribute small household items while waiting for the court?
It is highly risky. While an executor can sometimes pay for the funeral or essential estate maintenance, distributing sentimental items, vehicles, or cash can violate the mandatory freeze on the estate and trigger legal penalties.
Does the estate pay the surviving partner’s legal fees?
Sometimes. If the partner’s claim is successful, the judge may order that a significant portion of their lawyer fees be paid out of the estate assets, which effectively reduces the final inheritance for everyone else.
What if the deceased was also paying child support to an ex-spouse?
Child support obligations also survive death. The executor must ensure that any dependant children receive proper financial provision before distributing the estate to other beneficiaries, and these claims often take priority over adult heirs.
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