Law360 Canada ( May 30, 2022, 9:27 AM EDT) -- Application by the deceased’s common law wife, 60, for relief as a dependant and for proper support from his estate. The deceased died intestate in 2020. His only daughter died in 2021 of a drug overdose, leaving behind three children with significant care needs. The applicant and the deceased lived in a common law relationship for 25 years. Their last home was in the deceased’s name only and had now been sold. The deceased’s daughter did not have a close relationship with her father. He did not know any of the grandchildren. The deceased had a life insurance policy naming the daughter as the beneficiary. Upon his death, she received $53,000. The applicant had not worked since 2004. Her current annual income was $42,360, which included $36,230 from being the designated beneficiary of the deceased’s pension, plus a widow’s pension of $6,130 per annum. There remained $348,626 belonging to the estate to be distributed. The applicant argued the deceased’s estate was not sufficient to meet her needs for the remainder of her life expectancy such that the deceased had not made adequate provision for her support. She also argued that the daughter was not a dependant and, therefore, her children could not have been dependant upon the deceased. The daughter’s estate argued that the daughter was a dependant and that her claim under the intestacy to inherit the entirety of her father’s estate was the primary legal right in this case and should be given considerable weight. It was argued that there was an overarching necessity when resolving these issues to ensure that the grandchildren were not financially dependant upon the government....