Dependant Claims on the Estate of a Deceased Person

Most estates are dealt with relatively quickly and smoothly, particular where there is a valid will. All the money and personal possessions of the deceased are effectively ‘put into the melting pot’ and divided according to the terms of the will or, where there is no will, distributed to those entitled under the intestacy rules.

But sometimes, someone may come forward and claim that the deceased should have left them a sum of money as a dependant. That individual, in some cases, could already be a beneficiary who asserts that, because of the level of financial dependency on the deceased before death, they feel entitled to a greater proportion of the estate.

Such claims are called ‘dependency claims’ and can be made by a spouse (or even a former spouse), a child or another dependent such as a partner. Invariably, claimants must prove that they were maintained before death by the deceased, usually requiring a ‘continuing and recurring’ arrangement, and that the deceased had been making a substantial financial contribution to their reasonable needs.

For example, a student ‘child’ may be living rent free with a step-parent, or a relative may have received lump sums in cash to enable him or her to study or train for work. Possible claimants could include an ex-spouse who is receiving maintenance; children from a previous relationship receiving maintenance; someone who has lived with the deceased for more than two years or someone the deceased generally helped financially.

If the court decides an individual has proved they were dependant on the deceased immediately prior to the death, it will then decide how to make reasonable financial provision. This depends, partly, on how much provision (if any) is granted by the will or intestacy rules. The court will also consider what financial provision would be reasonable in all the circumstances. If it then sees fit to make an order in the claimant’s favour it will take into account factors such as the claimant’s own resources, any moral obligations the deceased had towards the claimant, the size of the estate and the length of time the dependency lasted.

It is quite possible that the deceased made specific reference in his will as to why a certain individual has not been provided for. The court will take the deceased’s wishes into account when reaching its decision.

If you are considering making a will and someone is financially dependent on you, you should ensure they have been adequately provided for in your will. This could avoid a lengthy dispute after your death. However, it is useful to know that if the situation later changes you can review your will as many times as you wish – but do take proper professional advice.

If you need help with any legal services such as probate help and handling estates after a loved one has passed away make sure that you get assistance during this hard time.