Who can claim after a death
You are not sure whether you count as a dependant after a family member's death.
The people who can claim after a road accident death are generally the spouse, parents and children of the person who died, under a dependency claim.[1] This is separate from who can act on behalf of the estate, which is usually an executor or administrator. Knowing which category you fall into shapes which claim, and which page on this site, applies to you.
The spouse
A husband or wife of the deceased is generally included, provided the marriage was legally valid at the time of death.
Parents
Both the father and mother of the deceased are generally included, and the extended definition can also cover grandparents in some situations.
Children
Children of the deceased are generally included as dependants, reflecting the support they would reasonably have received going forward.
The 2019 widening
Certain dependent disabled family members who relied on the deceased financially were added to the eligible class by the Civil Law (Amendment) Act 2019.[1] This addition recognised a group of dependants the earlier law had not covered.
If you are not sure you qualify
Family situations vary, including step-relationships, adoption, and informal dependency arrangements, so it is worth checking your specific circumstances rather than assuming you are excluded. Being unsure is common and does not mean you have no claim.
The deadline that applies once you know you qualify
A dependency claim generally must start within three years of the date of death, treated as an absolute limit.[2] This makes it worth establishing who can claim early rather than leaving it until closer to that deadline. Eligibility here also generally determines who can receive the bereavement award.
What to do next
How a dependency claim works covers what the claim actually recovers once eligibility is established. Making a claim after a fatal accident sets out how these claims fit together, and if you are handling the deceased’s affairs more broadly, an estate claim explains that separate, related process.
Common questions
I was engaged but not yet married. Do I count as a spouse?
Generally no, since the law looks at whether a legally valid marriage existed at the time of death. This is worth confirming for your specific situation rather than assuming either way.
Can adult children who have moved out still claim?
Being an adult, or living independently, does not automatically exclude a child from this claim, though the actual amount recovered reflects the real support that was lost, which may look different for an adult child.
What if I was financially dependent but am not a spouse, parent or child?
Since a 2019 change, certain dependent disabled family members outside these categories can qualify. Outside that specific group, it is worth checking your situation carefully rather than assuming you are excluded.
Who brings the claim if there are several eligible family members?
The claim is generally brought on behalf of all eligible dependants together, often through the same legal action, rather than each family member filing separately.
Sources
- Thomas Philip, on Civil Law Act 1956, s.7 (accessed 2026-09-22)
- Shan Chambers, on Civil Law Act 1956, s.7(5) (accessed 2026-09-22)