In estate planning, it is important to consider whether there are any individuals in the family who may be considered a “dependent” under The Dependents’ Relief Act, SS 1996, c D-25.01, as the estate may be financially responsible to provide for them. The Dependents’ Relief Act defines a “dependent” of a deceased individual as an adult child with a mental or physical disability which leaves them unable to earn a livelihood. “Livelihood” is a broad term which includes providing adequate care and proper maintenance for oneself. If a dependent adult child can show that they suffer from a mental or physical disability that renders them unable to earn a livelihood, they will likely be considered a dependent under the Act. Factors that are often considered include the following: the dependent’s age, health, needs, station in life, sources of income, and costs of living. Each circumstance is unique and should be considered on an individual basis. Saskatchewan case law supports the idea that parents have a moral duty to provide support for their dependent adult children, both during their lifetimes and after their deaths, regardless of whether the dependent is receiving provincial social assistance. Even dependent adult children who are receiving Saskatchewan Assured Income for Disability or who are institutionalized because they are not capable of earning a livelihood or sustaining themselves, are entitled to support from the deceased’s estate so as long as there is sufficient money in the estate to do so. The dependent adult child may have a claim to a greater share of the deceased’s estate than would be the case if they were able to earn a livelihood for themselves. Understanding their legal obligations, and planning accordingly, allows parents to ensure that, upon their deaths, their adult dependent children will receive appropriate support from their estates.

About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made our firm rank in the top 5 in Saskatchewan by Canadian Lawyer magazine (2017). Integrity, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.