It can be one of the most heartwrenching interviews for an estate litigator. Your client has suffered a recent, often unexpected loss of a loved one and now has found that they have not been provided for in the will of the deceased, despite the fact that they were financially dependent upon them.
Such a situation can arise when a testator dies prematurely leaving an outdated will, or where a testator does not fully appreciate his or her obligations, or occasionally as a result of mere capriciousness or untoward influence in the making of the will.
Fortunately, there is a strong and flexible remedial tool available in the dependent’s relief section of the Succession Law Reform Act which can provide your client with relief.
This article originally appeared in the December 5th, 2014 issue of The Lawyers Weekly.
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