RTA · Wills and Succession Act
Part 5 — Family Maintenance and Support
73 Grandchildren and great-grandchildren
and "grandchild" includes a great-grandchild.
(2) For the purposes of section 72(b)(vi)(B), a deceased
grandparent stood in the place of a parent to his or her grandchild
if, during life, the grandparent demonstrated a settled intention to
treat the grandchild as his or her own child and if, since the
grandchild's birth or for at least 2 years immediately before the
grandparent's death,
(a) the grandchild's primary home was with the grandparent,
and
(b) the grandparent provided the primary financial support for
the grandchild.
(3) The Court may, in an application to determine whether the
criteria set out in subsection (2) are met, take any or all of the
following factors into account:
(a) the grandchild's age;
(b) the duration of the relationship between the grandchild an d
grandparent;
(c) the nature of the relationship between the grandchild and
grandparent, including
(i) the grandchild's perception of the grandparent as a
parental figure, and
(ii) whether, as between the parents and grandparent, the
grandparent was the primary decision maker with
respect to the grandchild's care, discipline, education
and recreational activities;
(d) whether the grandparent considered applying for
guardianship of the grandchild;
(e) the nature of the grandchild's relationship with his or he r
parents;
(f) any other factor the Court considers relevant.