A foster child is not a 'child' of the foster parents: court
In a recent decision, the Ontario Superior Court of Justice has denied a former foster child's intestate claim to her adopted brother's estate.
In Estate of Sydney Monteith v. Monteith et al., 2023 ONSC 7246, Sydney Monteith passed away without leaving a will. His adoptive parents, George and Doris Monteith, as well as a sibling, Timothy Monteith, had predeceased him. Sandra Blair, a former foster child of George and Doris, maintained a close relationship with George but was never legally adopted by him.
Under the provisions of the Succession Law Reform Act, Sydney's estate is to be distributed equally among surviving brothers and sisters. Sandra argued that her relationship with George as his foster child made her a "sister" to Sydney, entitling her to a share in the estate. However, the respondents, George's adopted children, contended that as a foster child, Sandra is excluded from the legal definition of a "child" in the relevant legislation.
The Ontario Superior Court of Justice considered the definition of a "child" under the Children's Law Reform Act. It concluded that Sandra did not fall under the legal definition of a "child" for all purposes of Ontario law, as she was neither a birth child nor legally adopted by George.
Sandra's argument that she was named as a co-executor in George's will and shared in his estate as a residual beneficiary was dismissed by the court. The court emphasized that Sandra's status as a named beneficiary did not alter her legal entitlement under intestacy laws.
The court rejected the notion that a demonstrated intention to treat Sandra as a child, even if strong, could override statutory definitions. The court cited the precedent set in a similar case, emphasizing that expanding the definition of familial terms is a legislative matter, not within the purview of the courts.
Accordingly, the court ruled that Sandra, as a matter of law, was not a "child" of George and Doris. As a result, she is not a sister to Sydney and has no legal right to share in Sydney's estate under the Succession Law Reform Act provisions.
