Rights of relatives and cohabitants upon death

The rights and entitlements of relatives and loved ones upon a death are dependent on a number of factors.

If there is a Will

  • Spouses and children have a Legal Right to claim a proportion of the estate. This claim can be made instead of inheriting under the Will i.e. they cannot choose both.
  • Cohabitants have no entitlements where a Will is in place, unless they are named as a beneficiary.
  • Extended family and friends also have no entitlements where a Will is in place, unless they are named as a beneficiary.

If there is no Will

It is worth noting that the above deals exclusively with assets which are treated as part of the deceased’s estate. However, there are also several types of assets which may fall outwith the confines of the deceased’s estate, such as pensions, assets held in trust and certain joint assets. Your solicitor will be able to advise further on these elements.

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