In the new series, Barriston Briefs, Barrie Hayes talks about what you can do if your spouse dies and leaves you in financial need. 

Transcript:

your suppose has died and left you and your kids in financial need what can you do you can bring us a claim for child or spousal support against the deceased s– estate you can bring such a claim in circumstances where either the deceased died with a will or in circumstances where the deceased died intestate without a will a claim for spousal support can be made by either legal married spouses or common-law spouses in determining eligibility for a claim for support you must first establish that you are either financially dependent on the deceased at the time of death or that the deceased had a legal obligation to pay for your support at the time of death you must also then establish that the deceased failed to make adequate provision for your support in determining the amount of support the court can consider a number of factors including the size of the estate assets the length of your relationship with the deceased and/or your particular financial circumstances and age at the time of the claim in structuring the form of support the court has a number of options available to it including but not limited to making a lump sum payment for support making periodic or monthly payments for support or ordering that certain estate property or assets be held in trust for your benefit it’s important to remember however that there is a six month time limit within which a claim for support must be made against the estate [Music]