A friend of mine called me the other day to ask who could bring a claim in a family provision action.
So who is an “Eligible Person ” under the act?
A Court determining whether a de facto relationship exists is to have regard to all the circumstances of the relationship and is entitled to have regard to such matters and to attach such weight to any such matter as may seem appropriate to the Court in the circumstances.
So what does Dependence on the Deceased mean under the act it is considered to be a person who at a particular time “wholly or partly dependent upon the deceased person “.
“a close personal relationship between two adult persons…living together, one of whom provides the other with domestic support and personal care”.
The parties are “living together”.
And that “one or each of whom provides the other with domestic support and personal care”.
For example, a boarder in an elderly widow’s home would qualify. It may not be necessary for there to be sharing of food or eating arrangements together.
The second requirement is cumulative. There must be both domestic support and personal care.
Therefore the cooking of meals; Choosing to spend time in each others company; Their sexual relationship, choices about the furnishings and fittings of property and their travel together all indicate a close personal relationship.