A spouse, parent, child, or sibling whom the deceased was supporting or legally obliged to support immediately before death.

“Spouse” follows the Family Law Act: married; a putative marriage entered in good faith; or unmarried partners who cohabited 3+ years or are in a relationship of some permanence with a child.

• The dependant’s means (now/future), needs, age, health, and ability to self-support;

• Relationship duration/proximity and the dependant’s financial/non-financial contributions to the deceased, family, property, or career;

• The deceased’s circumstances, any agreements or prior gifts/distributions, other support obligations, and competing claims;

• Child-specific factors (education prospects, stability, withdrawal from parental control);

• Spouse-specific factors (length of cohabitation, impact of caregiving on earnings and career, domestic services, adult-child care, and any egregious conduct).

Cummings v. Cummings — courts weigh not only economic need but also the deceased’s moral obligations (what a judicious person would have done).

Timing & process (at a glance):

• Strict timelines apply (commonly six months from the Certificate of Appointment to preserve claims against distributed assets; late claims may require leave and are usually limited to undistributed assets).

• We assess eligibility, evidence, and urgency; seek interim support or restrain distributions where needed; pursue mediation or a court order for lump-sum, periodic, or property-based support.