Ontario Barrister and Solicitor Practice Exam 2025 – The All-in-One Guide to Achieving Exam Success!

Question: 1 / 400

Under what condition can a son who was not provided for in a Will make a claim under Part V of the SLRA?

If the Will does not have a residuary clause

If the son was financially dependent on the deceased

In order for a son who was not provided for in a Will to make a claim under Part V of the Succession Law Reform Act (SLRA), it is essential to understand the fundamental basis of such claims, which primarily relate to dependents. The correct answer is rooted in the need to demonstrate a legitimate grounds for contesting the Will or asserting a claim, one of which can be the testator's state of mind and outside influences at the time they made their testamentary decisions.

When considering the influence of duress or undue force on a testator, if it can be established that the testator was under duress when making the Will, this could invalidate the provisions of the Will or suggest that the Will may not reflect the testator’s true intentions. In such cases, the absence of provisions for a son could be challenged effectively under Part V of the SLRA, as the claim would be rooted in the assertion that the Will itself does not accurately reflect the testator's wishes due to this improper influence.

Understanding why this choice stands out involves recognizing that the other scenarios are not inherently tied to making a legal claim under Part V of the SLRA. For example, the existence or lack of a residuary clause does not automatically ent

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If the testator was under duress when making the Will

If the son is the only biological child

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