Legal Information > Inheritance
Maintenance From The Estate
In the event the deceased leaves a spouse, children (up to the age of 18 and in certain circumstances also of an older age) or parents who need maintenance, they are entitled to maintenance from the estate (either in a one-time amount or in the form of allowances). Maintenance is given on the basis of need and not in order to maintain a standard of living beyond the required one. This applies in accordance with the rules provided in the law, taking into account the value of the estate, what the person entitled to maintenance may receive from the estate as an heir by law or as a beneficiary under a will, the standard of living of the deceased and of the person entitled to maintenance from any source whatsoever (apart from the income of the deceased spouse which was not used prior to the deceased death for the maintenance of the family or that of the spouse).The maintenance which the person eligible for maintenance could have received under the Family Law Amendment (Maintenance) Law 1959, what is owed to the deceased’s spouse on grounds arising from the matrimony including the ketubba.