Who can claim when a loved one dies

Two different groups of people are relevant here, and families often confuse them. Dependants, generally the spouse, parents and children, can bring a claim for the support they have lost.^[1] Separately, an executor or administrator represents the deceased’s estate in its own, different claim.

Who counts as a dependant

The categories the law recognises are narrower than everyone who is genuinely grieving. Spouse, parents and children sit at the core of this list, and a 2019 legal amendment broadened it further to include certain disabled persons who were financially dependent on the deceased.^[2]

Living in the same household is not a strict requirement. What matters more is whether genuine financial dependency on the deceased can be shown.

Who is not automatically included

Siblings, more distant relatives, and close friends, however genuine the loss, generally fall outside these categories unless a specific and unusual dependency can be demonstrated.

Who represents the estate, separately

The estate side works differently. An executor named in a valid will, or an administrator appointed where there is none, represents the deceased’s estate in any claim it brings, which is a separate action from the family’s own dependency claim.

Can one person be both?

Yes. A spouse named in the will can be both a dependant and the executor. These are still two separate roles, each with its own claim.

Next steps

How a dependency claim works sets out the family’s route in full. Claiming after a fatal road accident shows how both claims fit together.

When the family is ready, an independent lawyer can act for the spouse, children or parents. Send the date of the accident, where it happened and the police report status.