I am the caregiver of a loved one, who has assured me that I will be taken care of when he or she passes on? Will that promise hold up?

Anyone can make a claim after a person has passed on that the deceased person made a verbal commitment of benevolence towards them.  The problem with those kinds of claims, even the legitimate ones, is that more often than not, the only other witness to that pact is no longer with us to verify its authenticity.  Because of this, the law has made some fairly restrictive rules regarding the enforceability of verbal promises made by persons who have passed on.  In short, without something else to bolster that verbal promise, don’t expect to succeed in a claim against an estate that is based upon a verbal promise alone.  Oral agreements made by deceased persons with their caregivers are insufficient to maintain any claim against the estate unless there is some other form of corroboration.  The Ontario Evidence Act says that “in an action by or against the heirs, next of kin, executors, administrators or assigns of a deceased person, an opposite or interested party shall not obtain a verdict, judgment or decision on his or her own evidence in respect of any matter occurring before the death of the deceased person, unless such evidence is corroborated by some other material evidence.”  So, like always, get it in writing…
 
David van der Woerd
David van der Woerd
P: 905.572.5803
dvanderwoerd@rossmcbride.com