Limitation periods and dependant's relief claims

"Dependent's Relief" is the name we give to the right that some people automatically have upon the death of a loved one. The people in question are the spouse of the deceased, his or her minor children, and his or her adult children who cannot earn a living due to a disability. The right in question is the right to receive adequate financial support from the deceased's estate.

As a general rule, a person who wants to make a claim against an estate for dependent's relief has six months from the date that probate is granted to bring a claim. However, I was reminded recently that the general rule - like plenty of other general rules - has notable exceptions.

I read an article by Alexander Turner, a Toronto lawyer, which talks about that six-month deadline (or, as we say in the law biz, "limitation date"). In the article, Mr. Turner talks about the circumstances under which the limitation date can be extended. The extension of the deadline could be extremely important to beneficiaries, executors, and claimants alike, as it affects everyone involved in the estate.

Click here to read the article. It is a bit technical, since it was written for lawyers, but it's very good and worth checking out if you are involved in an estate in Ontario.