Dependants, Spouses & Wills

The Dependants’ Relief Act allows your dependant spouses and children to make a claim if the Will has not adequately provided for them. The court can review your estate to determine if a dependant requires relief. If necessary, the court can redistribute your property to properly provide for your dependants.

A dependant may include:

• your spouse by marriage
• someone you lived with, as spouses, for at least two years
• someone you lived with for less than two years but have a child with
• a child under the age of 18
• a child over the age of 18 who is mentally or physically unable to earn a living
• a child over the age of 18 who, because of need or other circumstances, ought to receive a greater share of your estate

In determining whether to order maintenance, the court has a broad discretion. They can consider things like:

• the income of the dependant
• the conduct of the dependant toward the deceased
• claims of other dependants
• any other matters the court considers appropriate
• the deceased’s reasons for not making provisions, or not making further provisions, for the dependant

Dependants must apply to the Court of King’s Bench within six months from the grant of Probate or Letters of Administration.

Your spouse can also make an application under The Family Property Act for the division of family property before your estate is dealt with. They can do this if they were married to you or lived with you for two years or more.

If the court divides family property, the estate will only include the deceased person's share of the property.

Applications must be made within six months from the grant for Probate or Letters of Administration. Spouses cannot apply if they have signed a valid agreement or contract giving up their right to do so.