The plaintiff, the deceased's spouse of 20 years, brought a dependant's support claim under Part V of the Succession Law Reform Act.
The deceased's Will left 40% of the residue of his estate to the plaintiff and 60% to three of his adult children.
The plaintiff argued this provision was inadequate to maintain her accustomed lifestyle and sought the entirety of the estate.
The court found that the deceased did not make adequate provision for the plaintiff's proper support.
After analyzing expert evidence on the plaintiff's lifestyle expenses and life expectancy, the court ordered a lump sum payment of $2,556,871.00 (or 40% of the final residue, whichever is greater) to provide for her housing and future needs, while preserving the deceased's testamentary intention to benefit his children.
