A common-law spouse applied for dependant’s relief under Part V of the Succession Law Reform Act and sought a vesting order over the deceased’s home based on a constructive trust.
The application was brought against the deceased’s children as beneficiaries of an intestate estate.
The court held that claims for dependant’s support must be brought against the estate, through its executor or administrator, rather than directly against beneficiaries.
Because no estate administrator had been appointed and the estate itself was not named as a respondent, the proceeding was procedurally defective.
The application was dismissed without prejudice to reapply once an administrator of the estate was appointed.
