Ontario Barrister and Solicitor Practice Exam

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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
If the testator was under duress when making the Will
If the son is the only biological child

The correct answer is: If the testator was under duress when making the Will

A son can only make a claim under Part V of the SLRA if the testator was under duress when making the Will. This means that the son must be able to provide evidence that the testator was forced or pressured into making the Will and did not have the free will to make their own decisions. Options A, B, and D are incorrect because they do not pertain to the condition of duress. Option A refers to the presence or absence of a residuary clause in the Will, option B refers to the financial dependence of the son, and option D refers to the son being the only biological child. These three options do not address the specific condition of duress required for a claim under Part V of the SLRA.