Estrangement from the Deceased

An applicant for a family provision claim may end up being estranged from the deceased. The mere fact that an otherwise eligible applicant is estranged from the deceased doesn't automatically mean that he or she is disqualified from bringing a claim. More often than not the court will be interested to enquire further.

If the estrangement was wholly caused by the deceased so that the applicant had little or no opportunity to effect a reconciliation then the court could very well disregard it. Alternatively, if the estrangement was caused by the applicant it may potentially reduce the amount of any provision may later on.

If you are thinking of contesting a will and the applicant was estranged from the deceased then contact us for more information on how to bring or oppose a claim.

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