Relief for dependents left out of the will

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Such a situation can arise when a testator dies prematurely leaving an outdated will, or where a testator does not fully appreciate his or her obligations, or occasionally as a result of mere capriciousness or untoward influence in the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.

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This article originally appeared in the December 5th, 2014 issue of The Lawyers Weekly.

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