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Does Ontario allow adult children to challenge a will?

Only where they were financially dependent. Ontario does not have BC's wills-variation regime for independent adult children.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Only where they were financially dependent. Ontario does not have BC's wills-variation regime for independent adult children.

The Canadian position

Part V of the Succession Law Reform Act allows dependant support claims. Spence v. BMO Trust confirmed broad testamentary freedom for an unambiguous Ontario will.

The Islamic position

Ontario is therefore the province where a faraid distribution sits most securely — a relevant consideration for families deciding where to hold assets.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Administering estates — Government of Ontario
  3. Spence v. BMO Trust Company, 2016 ONCA 196 — CanLII
  4. Grewal v. Litt, 2019 BCSC 1154 — CanLII
  5. Wills, Estates and Succession Act, SBC 2009, c 13 — BC Laws
  6. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Moral obligation adult children dependant support ontario — Treadstone Law
  2. Time limit for dependant support claims ontario — Treadstone Law
  3. What is dependant definition ontario succession — Treadstone Law
  4. Adult child dependant support claim ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law