| Most estates are dealt with relatively quickly and | | | | deceased generally helped financially. |
| smoothly, particular where there is a valid will. All the | | | | If the court decides an individual has proved they |
| money and personal possessions of the deceased | | | | were dependant on the deceased immediately prior |
| are effectively ‘put into the melting pot' and | | | | to the death, it will then decide how to make |
| divided according to the terms of the will or, where | | | | reasonable financial provision. This depends, partly, on |
| there is no will, distributed to those entitled under the | | | | how much provision (if any) is granted by the will or |
| intestacy rules. | | | | intestacy rules. The court will also consider what |
| But sometimes, someone may come forward and | | | | financial provision would be reasonable in all the |
| claim that the deceased should have left them a sum | | | | circumstances. If it then sees fit to make an order in |
| of money as a dependant. That individual, in some | | | | the claimant's favour it will take into account factors |
| cases, could already be a beneficiary who asserts | | | | such as the claimant's own resources, any moral |
| that, because of the level of financial dependency on | | | | obligations the deceased had towards the claimant, |
| the deceased before death, they feel entitled to a | | | | the size of the estate and the length of time the |
| greater proportion of the estate. | | | | dependency lasted. |
| Such claims are called ‘dependency claims' and | | | | It is quite possible that the deceased made specific |
| can be made by a spouse (or even a former | | | | reference in his will as to why a certain individual has |
| spouse), a child or another dependent such as a | | | | not been provided for. The court will take the |
| partner. Invariably, claimants must prove that they | | | | deceased's wishes into account when reaching its |
| were maintained before death by the deceased, | | | | decision. |
| usually requiring a ‘continuing and recurring' | | | | If you are considering making a will and someone is |
| arrangement, and that the deceased had been | | | | financially dependent on you, you should ensure they |
| making a substantial financial contribution to their | | | | have been adequately provided for in your will. This |
| reasonable needs. | | | | could avoid a lengthy dispute after your death. |
| For example, a student ‘child' may be living rent | | | | However, it is useful to know that if the situation |
| free with a step-parent, or a relative may have | | | | later changes you can review your will as many times |
| received lump sums in cash to enable him or her to | | | | as you wish – but do take proper professional |
| study or train for work. Possible claimants could | | | | advice. |
| include an ex-spouse who is receiving maintenance; | | | | If you need help with any legal services such as |
| children from a previous relationship receiving | | | | probate help and handling estates after a loved one |
| maintenance; someone who has lived with the | | | | has passed away make sure that you get assistance |
| deceased for more than two years or someone the | | | | during this hard time. |