Date Posted: 9/25/2011 3:24:53 AM
Posted By: njeri moni Membership Level: Gold Total Points: 1704
Sections 26 to 30 of the Succession Act relate to the provision for the dependents.The dependents of the deceased for the purpose of this Act include: (a)The wife, wives and the children whether or not maintained by the deceased immediately prior to his death. (b) The deceased's parents, step-parents, grand parents ,grand children and other children who the deceased had taken into his family as his own;brothers ,sisters who are being maintained by the deceased immediately prior to his death. (c)Where the deceased was a woman, her husband if he was being maintained by her immediately prior to his death. Under this Act, the court can make a reasonable provision for a dependent from a deceased's property on the application by or on the behalf of the depend ant,provided it is not contrary to the disposition of the deceased's estate effected by his will,or gift in contemplation of death and the law relating to intestacy.In making provision for a depend ant the court shall have complete discretion to order a specific share of the estate to be given to the dependent. The.The court can also order the periodical payments or lump sum payment to be made to the dependent. The.The court can also impose some conditions in this regard. In order to make an order regarding making any provision for dependent out of deceased's property, the court will give the consideration to the following factors : (a)The nature and amount of the deceased's property. (b)Any past, present, or future means and needs of the dependent. (c)The existing and future means and needs of the dependent. (d)Whether the deceased had made any advancement or other gift to the dependent during his lifetime.
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