DID YOU KNOW That a dependant/dependants of the deceased can make a claim for maintenance from the deceased’s estate?
The Deceased Persons Family Maintenance Act [Chapter 6:03] states that;
3 Application for maintenance
(1) Any dependant of a person who dies after the 19th January, 1979 may, subject to this Act, make application for an award from the net estate of the deceased.
Where one was a dependant of the deceased, during their lifetime, they can make an application to the Master for maintenance from the estate of the deceased.
In terms of the Act, a “dependent” can be:
(a) a surviving spouse;
(b) a divorced spouse who at the time of the deceased’s death was entitled to the payment of maintenance by the deceased in terms of an order of court;
(c) a minor child;
(d) a major child who is, by reason of some mental or physical disability, incapable of maintaining
himself and who was being maintained by the deceased at the time of his death;
(e) parent who was being maintained by the deceased at the time of his death;
(f) any other person who¾
(i) was being maintained by the deceased at the time of his death; or
(ii) was entitled to the payment of maintenance by the deceased at the time of his death;
There is a wide scope of application that is anticipated by the Act, and where one can successfully show that they were a dependent and financially reliant on the deceased, they are to present their case before the Master of the High Court. This claim should be laid appropriately in order for it to be entertained, and for one to be given their dues in respect of the estate.
This is for general information purposes only – seek the advice of a Lawyer
