Did the Deceased have an obligation to provide for you?

This type of obligation is called a “moral obligation” and is generally assessed against community standards. Typically, the deceased is assumed to have held a moral obligation for any spouse or life partner they were in a relationship with at the time of their death. Additionally, any children or adopted dependants may also assume the deceased was morally obliged to provide for them. This includes any children of a de-facto relationship with the deceased. Other persons may fall into the category of persons who it would be assumed the deceased would provide for financially after they have passed away.

As the circumstances of each case are unique, we recommend you contact us to obtain legal advice on 02 9151 7339.