Moral Obligations to Spouses on Death
In the case of Shiomi v. Jarvela, 2025 ONSC 468, (Shiomi) the Ontario Superior Court addressed the issue of dependant’s relief in the context of a long-term common-law relationship and specifically the moral obligation of testators—which should not be overlooked in assessing a potential claim.
Background:
Ronald Shiomi and Anna Maria Tocheri cohabited in a common-law relationship for over 50 years without marrying. They resided together in a home owned by Mr. Shiomi at the date of Ms. Tocheri’s passing at the age of 99. Mr. Shiomi was 83 years old at the time. For most of their relationship, each party contributed to their joint living and household expenses.
Ms. Tocheri’s estate was valued at approximately $1.6 million, primarily consisting of bank and investment accounts. Her will bequeathed personal and household belongings to Mr. Shiomi, while the residue was left to five charitable organizations, excluding Mr. Shiomi. At the time of the application, Mr. Shiomi’s assets totalled approximately $1.4 million. Mr. Shiomi sought support from the estate and initiated litigation for dependant’s relief. Notably, the estate trustee declined to take a position on the relief sought by Mr. Shiomi.
Legal Issues to be Determined:
The court examined:
- Whether Mr. Shiomi qualified as a dependant under section 57(1) of the Succession Law Reform Act (SLRA).
- Whether Ms. Tocheri failed to make adequate provision for his support under section 58(1) of the SLRA.
- The appropriate amount of support to be awarded from the estate for Mr. Shiomi’s proper maintenance.
The Court’s Decision:
Justice Fregeau determined that:
- Mr. Shiomi qualified as a dependant, being a common-law spouse who had received financial support from Ms. Tocheri prior to her death.
- Ms. Tocheri’s Will did not provide adequate support for Mr. Shiomi, despite their extensive relationship and mutual support. The court recognized a moral obligation on Ms. Tocheri’s part to provide for him, noting their implicit agreement to be each other’s beneficiaries.
- An equitable division of the estate was warranted, allocating 50% to Mr. Shiomi and the remaining 50% among the five charitable beneficiaries.
Additionally, the court ordered that Mr. Shiomi’s legal fees of $15,000 be covered by the estate, acknowledging that the litigation resulted from Ms. Tocheri’s failure to adequately provide for her spouse in her will.
Key Takeaways:
This ruling underscores that testamentary freedom is not always absolute and must consider moral and legal obligations toward dependants. While Ontario’s Succession Law Reform Act (SLRA) may not be as generous as, for example, British Columbia’s Wills, Estates and Succession Act, Shiomi is not the first Ontario case to prioritize moral obligations over testamentary freedom in specific instances. Shiomi highlights that long-term common-law partners may have substantial claims for support, even if they possess financial stability, implying that dependant support claims are no longer being adjudicated strictly on a needs-based analysis of the claimant.
This is a significant ruling for all estate litigators particularly due to the financial circumstances of the Applicant and of the estate. Mr. Shiomi was awarded half of the value of the estate despite the fact he had conceded that he was not truly in need of support from the estate. Further, his Honour opined that Ms. Tocheri would not have had a legal obligation to provide support to Mr. Shiomi prior to her death. And yet, after a thorough analysis of the applicable factors in s. 62 of the SLRA, Justice Fregeau determined Mr. Shiomi’s moral claim to the estate was enough to award him half of the value thereof.
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