Over the last number of decades, families and relationships have become increasingly more complicated, often making estate matters more complex and litigious. For example, when a person claims to be the spouse of a deceased, and the family, or other beneficiaries, either do not recognize them as a spouse or were not aware of a relationship at all, frequently litigation will be the result. Litigation will often take the form of a wills variation claim by the person alleging to be a spouse.
Under s.60 of the Wills, Estates and Succession Act (WESA), children and spouses of the deceased can bring a claim for variation if proper maintenance and adequate provision was not made for them in the will of a deceased. The first hurdle for these parties is to establish themselves as a “spouse”, entitling them to make such a claim. Under WESA, and the former Wills Variation Act, a spouse is defined as someone who was married to the deceased or had been living with the deceased in a “marriage-like relationship” and lived in that relationship for at least 2 years. How the law determines what is “marriage-like” therefore becomes quite important.