Where the deceased died prior to 1 January 2015
Generally speaking, the Courts have traditionally held that a deceased owes a responsibility to provide provision for immediate family members such as a surviving spouse or children. However, just as family relationships differ from family to family, no two cases are the same and successful claims have been brought by step-children, grandchildren, siblings and (although more rarely) extended family members and non-family members.
Where the deceased died after 1 January 2015
Changes to the Administration and Probate Act mean that where the deceased person died on or after 1 January 2015, the rules concerning the making of a TFM claim have changed.
To be able to make a TFM claim where the deceased died after 1 January 2015, you must be an ‘eligible person’ (see ‘Who can make a TFM Claim‘). You must also be able to show that the deceased had a moral duty to provide for your proper maintenance and support.