Setting Maintenance

How is it decided who is entitled to maintenance from the estate and how much they should get? 

The court decides this according to certain criteria set down in the Inheritance Act of 1965, when an application is made for maintenance from the estate.

What criteria will be taken into account in deciding on the right and extent of an applicant to maintenance from the estate? 

The following: (a)the size of the estate(b) the amount the candidates for maintenance are likely to receive in inheritance according to law, or the will (c) the standard of living of the deceased and the candidates for maintenance at the eve of his/her death – and changes in their needs following it (d) property and income owned by the candidates for maintenance (e) maintenance that the candidates could get from another source and (f) in the case of Jews, what a widow gets according to her Ketuba

Why is the size of the estate relevant to setting the level of maintenance? 

Because maintenance can only be paid out of the estate and setting maintenance from the estate could empty it totally, so its size is relevant so that the court can set the amount to avoid this.

Why does the court take into account how much candidates are likely to inherit from the deceased's estate? 

Because if a candidate is due for a large inheritance under the will, or according to law, it is likely to supply most of his/her needs, in which case it will not be appropriate to set high maintenance from the estate.

Why does the court take into consideration the deceased's standard of living and that of the candidate for maintenance when he/she died? 

Because their lifestyle and standard of living before the deceased's death is likely to help the court estimate their maintenance needs.

Why does the court take into account property owned by candidates for maintenance from the estate? 

Because this will influence his/her right to maintenance, and its extent, so that the more property owned, the smaller the right to maintenance.

Before which court is it better for a widow to file for maintenance from the estate if she and her late husband are/were Jews? 

At the rabbinical court, because according to Jewish law a widow is entitled to maintenance from the estate without any connection to her property.

What connection does the income of a candidate for maintenance on the estate have to his chances of getting financial support from it? 

Where the candidate is not a spouse, income from all sources is taken into account and the greater the income, the smaller the maintenance set, if at all.

What effect does the income of a spouse have on the right to maintenance from the estate? 

Income from work will not be taken into account, unless that income was used to support the family and the surviving spouse on the eve of the deceased's death.

What is the legal position when someone with a right to maintenance can get financial support from a source outside the estate? 

Where the candidate has the option of financial support from a source outside the estate, he/should take it, and not receive maintenance from the estate.

What is the connection between a widow's right to maintenance from the estate and what is due to her under her Ketuba? 

Where what she gets under her Ketuba is enough to support her she will not get maintenance from the estate as well.