Party Time? Naming Parties in a Dependant Support Application

  • March 03, 2020
  • Cara Zacks, Casey & Moss LLP

Every so often, we stumble upon a procedural question that seems like it ought to have a simple answer. But, after some digging, the question turns out to be complex and without a straightforward answer.

Recently, such a question presented itself while preparing materials in a basic dependant support application. In this matter, the deceased died leaving a will that failed (we argued) to provide adequate provision for the proper support of our dependant client.

When it came to naming the parties to the proceeding, turning to Rule 9 of the Rules of Civil Procedure, we named the Estate Trustee as the sole respondent.