Interim Support in Dependant Support Claims
In cases where a deceased has failed to make adequate provision for the support of a dependant, the dependant has the option of bringing a dependant support claim under Part V of the Succession Law Reform Act. The court then has the discretion to make such an order as it deems fit to provide for the proper support of the dependant.
However, as anyone who has been involved in litigation knows, it can take a long time resolve. For someone who was dependant on someone and is not receiving support after his or her death, having to wait until the litigation has been resolved before receiving any more support can create a significant financial hardship.
Part 64 of the SLRA provides the court with the discretion to make an order for interim support in situations where the applicant is in need of and is entitled to support but where there are matters with respect to the claim for support that the court has not yet determined. When determining whether to award interim support, the court will generally give a broad interpretation to the phrase “entitled to support” so as to avoid denying interim relief where a dependant needs it but it is too early in the proceeding to have determined the issues that have been raised on their merits.
Of course, there is nothing to prevent an estate trustee from making interim payments to dependants who are also beneficiaries of an estate. Getting the estate trustee to voluntarily make the payments will be less costly than having to obtain an order compelling them to do so.
Have a Great Day!
Megan F. Connolly
