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ARTICLE · 04 NOVEMBER 2014

Can Relatives Challenge Their Allotment Under My Will?

I made a valid will setting out how I want my estate distributed upon my death. Can someone claim more?

CanadaFamily and Matrimonial

I made a valid will setting out how I want my estate distributed upon my death. Can someone claim more?

Perhaps.  If you have dependents to whom you provided support immediately before you die, or to whom you were legally required to provide support, a Court may order your Estate to pay to them more money if the Court is satisfied that you did not provide adequately for the person in the Will.  This may result in other wishes in your Will not being carried out as money may have to go to the dependant, or assets sold to raise money to pay the dependant, in priority to those other wishes.

Dependents can include: spouses, same-sex partners, parents, children, or, siblings to whom you either provided support, or were legally required to do so, prior to your death.  A spouse includes someone who was married to you and someone who, although not married to you, lived in a relationship of some permanence for at least 3 years (example: common-law spouse), or were in a

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