Monday, March 9, 2009

Cohabitation - Provision on Intestacy

Last week Catherine Hart of CaseCheck reviewed the first case where a decision was imposed under s29 Family Law (Scotland) Act 2006. Section 29 allows an application to be made by a surviving cohabitant where the deceased cohabitant died intestate for an order for payment of a capital sum from the deceased’s net intestate estate or for transfer of property. The case was heard in December 2008 at Falkirk Sheriff Court.

The Pursuer had lived with the deceased, who died intestate and without issue, for about 2.5 years They had not formed a civil relationship and the Pursuer sought payment of the deceased’s entire net intestate estate or, alternatively, an order for transfer of heritable property. The Defender was the executor for the estate of the deceased, her half brother, and submitted that no award should be made standing that the Pursuer had already received a half share of the lump sum death benefit and an adult dependent’s pension from the deceased’s employers’ pension scheme. The Defender had received the other half share of the lump sum.

It was held that the Pursuer was entitled to make a claim but the amount was assessed at nil. The full judgement is here.


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