If you are able to demonstrate that a deceased person failed to fulfil a promise to leave you something after they die, how much will the Court give you?
All claims under the Law Reform (Testamentary Promises) Act (“TPA claim”) are fact-specific. If a claimant succeeds in convincing a court that they have a valid claim (see this article for details on what that requires), the Court will make an award out of the assets of the Estate.
When assessing what size of an award is appropriate, the Court takes into account:
- The value of the services or work;
- The value of what was promised;
- The amount of the estate; and
- The nature and amounts of the claims of other persons in respect of the estate.
It can be difficult to assess the commercial or market value of the services performed, especially where they are intangible.
The Court will principally focus on the deceased’s perception of their value. However, there cannot be a major disproportion between the award and the value of the services.
The Court will also take into account any reciprocal benefits that the claimant received from the deceased – whether those are tangible things like payment of groceries, or intangible such as a return of companionship and support.
All TPA cases are heavily influenced by their unique context. Please contact us for specific advice. We have experience in both bringing and defending TPA claims.
For more details about what it takes to succeed in a TPA claim, see this article.
This article is general in nature and is not a substitute for legal advice. You should talk to a lawyer about your specific situation. Reproduction is permitted with prior approval and credit being given back to the source.
