What is a financial dependency claim?

Someone who relied on the income of a deceased person could bring a financial dependency claim.

The person bringing the claim is required to prove that if the deceased had survived, they would have supported them financially. This might include contributing towards housing costs, clothing, school fees, holidays and more.

The deceased’s dependant may also be able to claim compensation for ‘loss of services’. This means compensation for the financial and practical consequences of the loss of any services the deceased provided. For example, if the deceased had carried out home maintenance tasks or assisted with childcare these services may now need to be carried out by a friend or family member or a paid professional.

Child dependants may be able to claim for loss of care from a parent who has died. For example, if the parent cooked their dinner, helped them with their homework or took them to school.

Can you make a claim against a deceased’s estate?

If you were dependent upon the deceased financially but you were not provided for adequately, or at all, in their Will you may be able to make a dependency claim.

You can consider challenging a will if you are eligible to make a dependency claim under the Fatal Accidents Act 1976 (see above). If you are considering making a claim on a deceased estate but you are unsure whether you meet the criteria, please talk to our solicitors.

Under the Inheritance (Provision for Family and Dependants) Act 1975 you can also make a claim if you are ‘any person who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.’