Estate Planning

Conflicts of Laws and Dependants' Relief

By Hull & Hull LLP

When advancing a dependant support claim, it is important to determine where the deceased person was domiciled[1] at death.

Under the former dependants’ relief legislation (Dependants’ Relief Act, R.S.O. 1970, c. 126) the court could only make orders for dependant support in cases where the deceased died domiciled in Ontario. In contrast, under the Succession Law Reform Act (SLRA), courts in Ontario have the jurisdiction to also make such orders for support where the deceased died domiciled outside of Ontario.

The issue becomes one of jurisdiction – what assets will the Ontario courts have authority over? In brief, the answer appears to be as follows:

-          if the deceased person was not domiciled in Ontario, then the jurisdiction of the Ontario court will be limited to real property/immovables in Ontario;

-          if the deceased was domiciled in Ontario, and a support application was brought in Ontario, the court has jurisdiction to charge the movables of the deceased worldwide; and

-          even if the deceased person was domiciled in Ontario at death, an Ontario court order directing support for a dependant may not be enforced over real property/immovables located outside Ontario, such that the dependant may be forced to bring an application in the jurisdiction where this property is located in order to obtain the relief granted in the Ontario court order.

In Corina Weigl’s paper entitled “Conflicts of Laws in the Context of Dependant’s Relief – A Matter of Domicile”, presented at the Ontario Bar Association 2009 Institute of Continuing Legal Education, she discusses this and other related issues in greater depth. A worthwhile read!

Have a great day,

Natalia Angelini

Full post as published by Toronto Estate Law Blog on February 19, 2009 (boomark / email).