Am I a ‘dependant’ for family provision?

If you are not a spouse or child of the deceased but were otherwise close you may be eligible to claim as a dependant.

A dependant is a person who was, at any particular time, wholly or partly dependent on the deceased person,

AND

is a grandchild of the deceased person

OR

was, at that particular time or at any other time, a member of the household of which the deceased person was a member.

NB: If you are a dependant but you are not a grandchild you also need to prove that there are factors which warrant the making of an application.

A dependant depends on someone or something for what is needed. The dependency can be of a financial, emotional or material nature, but needs to be more than just emotional.

For example:

1. A stepchild may be dependent upon a stepfather for financial support if the child’s mother does not earn an income.
2. A person who lives rent-free in the house of a friend because they can’t afford to rent could establish a relationship of dependency.

Each situation will be unique and the court will examine the whole relationship between the person and the deceased.

Dependency is not necessarily just financial. A child is dependent upon its mother whether or not the mother supports it financially. Similarly, you may be a stepchild of a deceased person and you live in the deceased’s house. You may therefore be dependent upon him or her for accommodation even if your day-to-day financial needs are met elsewhere.

Dependence needs to be more than minimal to fit the definition. Although the word ‘partly’ is used, that has been said to mean more than minimal and perhaps even significant. For example, an aged person who relies upon a child to come to their house to provide occasional domestic assistance does not necessarily create a dependency. The court has to look to the entirety of the situation.

Book a 15-minute phone consult or contact us if you think you may be eligible to claim as a dependant.