Do I have to leave my Estate to my family?

In most cases, you are free to deal with your property as you wish. However, two laws, the Dependants Relief Act and the Matrimonial Property Act, place some limits on that freedom.

• The Dependants Relief Act tries to make sure that your dependants are left with money and support whenever possible and if necessary. Children, including illegitimate and adopted children, and a widow or widower are all considered "dependants" under this Act, and they can make a claim if they feel that they have not been adequately provided for under your Will. In such a case, the judge considers all the circumstances of a case in deciding whether to give support to the dependant. They include whether a dependant deserves help (what his or her character and conduct is like), whether there is any other help available to the dependant, the financial circumstances of the dependant, any services provided by the dependant to the testator, and the testator's reasons for not providing for the dependant in the Will. It helps if the reasons are in writing and signed by the testator, or if they are included in the Will. This is not a complete list. The judge may take other factors into account. A dependant who wants to apply for support should talk with a lawyer.
• The Matrimonial Property Act recognizes the contribution of both spouses to a marriage. The Act says that when one spouse dies, the surviving spouse can apply for an equal division of matrimonial property. The surviving spouse must apply to the court. A judge decides what share of the property the surviving spouse should get.

You may decide to leave your estate to someone other than your closest relatives, or you may decide to leave it to some family members but not to others. For example, you might decide to divide your estate between two of your children and leave nothing to a third child. If you do this, it is wise to consult with a lawyer so that he or she can keep a record of your reasons.

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May 2008

see also:

• Marriage
• Guardianship
• Trustees
• Adult Interdependent Relationships

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