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Succession Law Reform Act , section: 58

Wills-Estates, Not Providing for Children in Will or Intestate

Where a deceased, whether testate or intestate, has not made adequate provision for the proper support of his dependants or any of them, the court, on application, may order that such provision as it considers adequate be made out of the estate of the deceased for the proper support of the dependants or any of them. R.S.O. 1990, c. S.26, s. 58 (1).

(2) An application for an order for the support of a dependant may be made by the dependant or the dependantís parent. R.S.O. 1990, c. S.26, s. 58 (2).

(3) An application for an order for the support of a dependant may also be made by one of the following agencies,

(a) the Ministry of Community and Social Services in the name of the Minister;

(b) a municipality, excluding a lower-tier municipality in a regional municipality;

(c) a district social services administration board under the District Social Services Administration Boards Act;

(d) a band approved under section 15 of the General Welfare Assistance Act; or,

(e) a delivery agent under the Ontario Works Act, 1997,

if the agency is providing or has provided a benefit under the Family Benefits Act, assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 in respect of the dependantís support, or if an application for such a benefit, assistance or income support has been made to the agency by or on behalf of the dependant. 1997, c. 25, Sched. E, s. 12; 2002, c. 17, Sched. F, Table.

(4) The adequacy of provision for support under subsection (1) shall be determined as of the date of the hearing of the application. R.S.O. 1990, c. S.26, s. 58 (4).

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