The applicant, a 50-year-old with developmental disabilities, brought an application for dependant's support against his late mother's estate under s. 58(1) of the Succession Law Reform Act.
The applicant lived in a supported group home and his expenses were met through government benefits, though his mother had assisted administratively with his finances.
The court found that the applicant was not a 'dependant' as he had withdrawn from his mother's charge and was not reliant on her for support.
In the alternative, the court held that the mother's will, which left the applicant a 10 per cent share of the residue, made adequate provision given the modest size of the estate, the applicant's independent means, and the competing moral claim of a granddaughter who relied on the deceased for housing.
The application was dismissed.