CLAIMING MAINTENANCE FROM A DECEASED ESTATE:
DID YOU KNOW THAT A DEPENDANT CAN CLAIM MAINTENANCE FROM THE ESTATE OF A DECEASED PERSON?
The Deceased Persons Family Maintenance Act [Chapter 6:03] provides that:
3 Application for maintenance
(1) Any dependant of a person who died after 19 January 1979 may, subject to this Act, apply for an award from the net estate of the deceased.
If someone depended on the deceased during their lifetime, they may apply to the Master for maintenance from the deceased’s estate.
Under the Act, a “dependant” includes:
(a) a surviving spouse.
(b) a divorced spouse who, at the time of the deceased’s death, was entitled to maintenance under a court order.
(c) a minor child.
(d) a major child who cannot maintain himself because of a mental or physical disability and who the deceased was maintaining at the time of death.
(e) a parent who the deceased was maintaining at the time of death.
(f) any other person who—
(i) the deceased was maintaining at the time of death.
(ii) was entitled to maintenance from the deceased at the time of death.
The Act anticipates a broad range of potential claimants. Anyone who can demonstrate that they were a dependant and financially relied on the deceased must present their claim to the Master of the High Court. The claimant must set out their case properly for the Master to consider it and for them to receive what they are entitled to from the estate.
This is for general information purposes only – seek the advice of a Lawyer
