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July 16, 2019

Dependency Relief in Canada – Province by Province

Province Legislation Limitations
Newfoundland and Labrador
Family Relief Act Dependant includes the Widow, widower, or child of the deceased. There is no age or dependency restriction on the definition of child
PEI Dependants of a Deceased Person Relief Act Dependant means a spouse, a child who is under the age of 18, or a child who is 18 years of age or over and is unable by reason of mental or physical disability from earning a livelihood; a grandparent, parent, or descendant who for a period of 3 years before the death of the deceased was dependant for maintenance or support and a person divorced from the deceased who for a period of three years before the death of the deceased was dependant on the deceased for maintenance or support
Nova Scotia Testator's Family Maintenance Act
Provisions declared unconstitutional by the Court, legislation was read down to state the testator has a moral obligation to dependant children only
New Brunswick Provision for Dependants Act Dependant includes the spouse or child and any other person who at the time of death was a dependant as defined by the Family Services Act. The Family Services Act defines a dependant as "a person to whom another has an obligation to provide support" A dependant must show he or she has "not sufficient resources"
Quebec Civil Code The rules of family patrimony take precedence over a Will
Ontario Succession Law Reform Act Dependant includes spouse, parent, child or brother or sister to whom the deceased was providing support or was under a legal obligation to provide support
Manitoba The Dependants Relief Act Dependent includes spouses, former spouses where there was a maintenance obligation at the time of death, common law partners in certain circumstances and children, grandchildren, parents and siblings who were "substantially dependant" on the deceased at the time of death. Dependant is defined as requiring actual dependency and requires financial need
Saskatchewan Dependants Relief Act
Dependant = spouse or common law partner, a minor child or a child over the age of 18 where (1) by reason of mental or physical disability he or she is unable to earn a livelihood or (2) by reason of need or other circumstances, he or she ought to receive a greater share of the deceased's estate then he or she is entitled to without an order
Alberta Wills and Succession Act Allows an application of behalf of a spouse. Adult interdependent partner. a child who is under the age of 18, a child who is at least 18 years old and unable to earn a livelihood by reason of mental or physical disability, a child of the deceased who is at least 18 to 22 years old and is unable to withdraw from his or her parents' charge because he or she is a full-time student, and a grandchild or great-grandchild who is under 18 years old and to whom the deceased stood in a position of parent
British Columbia Wills, Estates and Succession Act
Allows a proceeding "by or on behalf of the spouse or children" Court may order the provisions it considers "adequate, just and equitable" There is no age or dependeocy restriction on the definition of child