Cohabitation Claims

In recent times, the number of cohabiting couples (unmarried, nor in a civil partnership, but living together) has increased exponentially, either through young couples anticipating or rejecting marriage, or older couples, perhaps after a divorce or death. Unfortunately, succession law has not kept up with this social norm to the detriment of such cohabitants, nor does it recognise the concept of a ‘common law spouse’.

Currently, if an individual has a Will in place which does not name the cohabitant as a beneficiary, the cohabitant has no right or entitlement under the estate. This could be the case even if the Will is several years old (but still perfectly valid) and benefits an estranged wife, for example.

If the individual dies without a Will, the cohabitant still has no immediate entitlement to the estate, but can apply to the Court for an award from the estate. This must be submitted within 6 months of the deceased’s death. The value of the award is dependent on the size and nature of the estate. However, in any case, the award is at the court’s discretion and may not be granted at all.

Contact us today or fill in our form and we will call you back.

Get in touch

Get in touch with the BTO Personal team. We are here to find the best solutions for you and your family.

Related Posts

Who looks after my children if I die? Pt. 2 – Financial decisions

David White discusses how you could ensure that your children’s financial situation was looked after should anything ever happen to you while they were still young. Last week, we considered ...

Who looks after my children if I die?

Who looks after my children if I die?

Solicitor David White discusses the difficult question some parents might have to face: “Who looks after my children if I die?” and outlines what provisions parents can make to ensure ...

One Year On: BTO Personal During Lockdown

One Year On: BTO Personal During Lockdown

One year on and a lot has happened since we went into lockdown in March 2020. Charlotte Fleming and Lily Morrison take this opportunity to reflect on the changes we ...

Brain Injury Awareness Month – What happens if I lose capacity unexpectedly?

Brain Injury Awareness Month – What happens if I lose capacity unexpectedly?

As America celebrates Brain Injury Awareness Month, the BTO Personal team discusses the implications and legal process involved in the event of a sudden or unexpected loss of capacity and ...