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Valuing ongoing support needs in estate matters
Valuation of ongoing support needs in estate matters involves a structured assessment of the dependant’s current and future circumstances. This includes consideration of the dependant’s capacity to contribute to their own support, as well as their age and physical and mental health.
The analysis also addresses the dependant’s needs in the context of their accustomed standard of living, together with the measures available to support greater independence. Where applicable, this includes consideration of the time, cost, and feasibility of interventions that may enable the dependant to provide for their own support over time.
From a life care planning perspective, estate matters involve a different analytical focus than personal injury litigation. The emphasis is not on injury-related loss, but on ongoing support requirements and reasonable provision, grounded in the dependant’s circumstances.
What our valuation covers
A dependant support valuation evaluates the dependant’s current and future support requirements in light of their functional capacity, health status, level of independence, and accustomed standard of living, to assist the court in determining appropriate provision from the estate.
Medical and healthcare
Therapy and medical supports required to meet the dependant’s current and future needs, with attention to their physical and mental health status, likely trajectory, and the extent to which those needs may change over time.
Personal support services
Attendant care, supervision, and daily living assistance where the dependant is unable to meet their own personal care needs independently.
Housing and environment
Housekeeping, home maintenance, and the practical supports required to maintain the dependant’s living environment at an appropriate standard, including accessibility-related needs where relevant.
Rehabilitation and therapy
Therapy, counselling, and other rehabilitative or supportive interventions that may help maintain function, improve independence, or reduce future reliance on support services.
Equipment and aids
Assistive equipment and adaptive supports where required to maintain safety, function, and community access.
Financial support needs
Transportation, community access, and other practical supports required to maintain the dependant’s daily functioning and accustomed standard of living.
Estate litigation requires an objective, structured analysis of the dependant’s genuine needs over time. The goal is to provide the court with an evidence-based foundation for understanding what level of support is reasonably required given the dependant’s circumstances.
How we conduct a dependant support valuation
Our 5-step process produces a structured, evidence-based valuation that assists the court in determining an appropriate level of support from the estate.
Documentation review
All available documentation is reviewed, including estate records, medical reports, financial statements, prior care arrangements, and any existing assessments. This establishes the factual foundation for the valuation and identifies the dependant’s documented history of support needs.
Interview and assessment
A Certified Life Care Planner conducts a thorough assessment of the dependant, evaluating current functional capacity, daily living requirements, physical and mental health, level of independence, and the support required now and over time. This assessment forms the clinical basis of the valuation.
Identification of collateral information
Where appropriate, the planner consults with treating physicians, care providers, family members, and other relevant parties to validate the dependant’s needs and ensure the valuation reflects the full picture. This includes informal supports that may not be documented in the formal record.
Cost valuation and projection
Each identified support need is costed using reasonable market rates and transparent assumptions, with consideration of the most appropriate service model and the level of care required. The valuation projects costs forward while accounting for life expectancy, likely changes in need, and the dependant’s accustomed standard of living.
Internal peer review
The completed valuation undergoes rigorous internal peer review by a second Certified Life Care Planner before delivery. This confirms the methodology, validates the cost projections, and helps ensure the report is clear, balanced, and methodologically sound for use at mediation, pre-trial, or trial.
Dependant's needs vs. estate resources
The dependant's position
The dependant has genuine, ongoing needs for financial and practical support, needs that were being met during the deceased’s lifetime and that must continue. These may include medical care, personal support, housing, and daily living expenses. Our valuation quantifies these needs objectively to help ensure they are properly represented before the court.
The estate's constraints
The estate is finite. Other beneficiaries have rights. The court must determine a provision that adequately supports the dependant without unfairly depleting the estate. Our valuation provides the structured, transparent analysis the court needs to make that determination, grounding the discussion in evidence rather than estimates.
Factors in determining adequate support
Our valuation addresses the key factors relevant to determining what level of support is reasonably required given the dependant’s circumstances, both now and over time.
Capacity to contribute to own support
The dependant’s ability to contribute to their own support, including capacity for income generation, self-management, and greater independence over time, taking into account age, education, health, and functional limitations.
Age and life expectancy
The dependant’s age and life expectancy, which influence both the likely duration of support needs and the long-term structure of appropriate provision.
Physical and mental health
Current physical and mental health status, together with the likely trajectory of those conditions over time, including whether needs are expected to progress, stabilize, or improve.
Accustomed standard of living
The dependant’s accustomed standard of living, which helps frame support needs in context rather than reducing the analysis to a basic or minimal level of provision.
Level of Independence
The analysis considers whether, and to what extent, the dependant may achieve greater independence over time, including through rehabilitation, education, vocational development, or other supportive interventions.
Duration of Support
Life expectancy and the likely duration of support needs are factored into the analysis, particularly in cases involving long-term or lifelong dependency.
Report types for estate litigation
Estate litigation valuations use methodology consistent with our Future Care Needs and Cost Analysis.
Future Care Needs and Cost Analysis
The methodology that underpins our estate litigation valuations. It is applied to quantify the dependant’s lifetime care, support, and financial needs while balancing those needs against the size of the estate and the rights of other beneficiaries, helping assist the court in determining appropriate provision.
Cost Projection of Future Care Needs
May be appropriate in estate matters where the dependant’s support needs are straightforward and clearly defined, providing a focused estimation that assists early resolution without requiring the scope and timeline of a comprehensive lifetime assessment.
Life Care Plan Critiques
Evaluates an opposing expert's dependant support valuation in an estate matter, assessing whether the projected needs, cost methodology, and assumptions about the dependant's capacity for self-support are balanced, evidence-based, and consistent with the estate's resources.
Frequently Asked Questions
How is this different from a personal injury life care plan?
In personal injury litigation, the focus is on care needs arising from injury-related loss. In estate litigation, the focus is different. The analysis addresses the dependant’s ongoing support requirements and reasonable provision, grounded in their circumstances, standard of living, health, functional capacity, and potential for greater independence over time.
Who typically retains CBA for estate matters?
What if the dependant has a disability?
Is the valuation admissible in court?
What is the fee structure for this service?
Let's Work Together
Contact us for a free consultation, we can advise you if a referral is appropriate.
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Richmond Hill, ON L4B 3G2