Ontario law can override a will where a dependant was left without adequate support. For families, this is both a protection and a risk to plan around.
Under Ontario's Succession Law Reform Act, certain dependants, which can include a spouse, common-law partner, child, or other family member the deceased was supporting, may claim support from the estate if the will, or the intestacy rules, did not provide adequately for them. A court can order support out of the estate even against the terms of the will.
These claims generally must be started within six months of the estate trustee's appointment. A court may allow a later claim, but assets already distributed can be much harder to recover, so acting quickly is essential.
Whether you are protecting an estate plan against a future claim, or you have been left without the support you depend on, this is a narrow and time-sensitive area where early advice is decisive.
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Book a Consultation当受养人被留下而缺乏足够供养时,安省法律可以推翻遗嘱。对家庭而言,这既是一种保护,也是一个需要规划的风险。
根据安省《继承法改革法》,某些“受养人(dependants)”,可包括配偶、同居伴侣、子女、或死者生前供养的其他家庭成员,若遗嘱或无遗嘱规则未对其作出足够供养,可向遗产主张抚养。法院甚至可以违背遗嘱条款,从遗产中裁予抚养。
此类主张一般须在遗嘱执行人获委任后六个月内提出。法院可允许更晚的主张,但已分配的资产可能难得多才能追回,因此迅速行动至关重要。
无论你是在为遗产计划防范未来的主张,还是你被留下而失去了赖以维生的供养,这都是一个狭窄、时效性强的领域,尽早获得意见具有决定性。