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Gibson Kerr

Personal, Family Law & Property

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

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  • Divorce & Separation
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  • Wills & Estate Planning
    • Intestacy
    • Wills & Will Writing
    • Executries
    • Living Wills
    • Unmarried Couples’ Rights on Death
    • Claims on Inheritance by a “Common Law Spouse” (Cohabiting Partner)
    • Probate in Scotland
    • Power of Attorney
    • Guardianship Orders
    • Intervention Orders
    • Estate Planning
    • Cost of Care
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    • Foreign Estates with Assets in Scotland
    • What Happens When Someone Dies in Scotland?
    • Fixed Fee for Wills and Power of Attorney
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Unmarried Couples’ Rights on Death

Getting What You're Entitled To

Unmarried Couples' Rights on Death

Scots law recognises the concept of “cohabiting couples” or “unmarried couples” and cohabitants have certain rights on the death of their cohabiting partner.

Unmarried couples also have rights on separation. For more information, see our Cohabitation Rights Scotland page.

My partner has died, what rights do I have?

If you have been cohabiting with a partner and they have died, you may have the right to make a claim against their estate. This will depend on whether your cohabitant had a valid will when they died.

If your cohabiting partner had a valid will you should check whether they have left you any legacy. If they have not left you a legacy in their will, unfortunately, you will not be able to make a claim against the estate.

If your cohabiting partner died without a will, you may be able to make a claim against the estate. This might be for a cash sum, the transfer of an asset, or both.

In order to make a claim as a surviving cohabitant, your partner must have been domiciled in Scotland immediately before they passed away and you must have been living with them in Scotland immediately before they died. You must raise a court action in Scotland within six months of your partner’s death and you therefore need to decide very quickly if you wish to make a cohabitation claim against the estate to ensure you do not run out of time.

What award am I likely to receive if I make a cohabitation claim?

The court will first decide whether you can be treated as a cohabitant of your partner (which some people might refer to as a “common law partner”). This means you must have been living together as if you were married or civil partners. The court will take account of the length of time you lived together, the nature of your relationship and the nature of any financial arrangements between you. It is up to the court whether to class you as a cohabitant, but our personal law solicitors at Gibson Kerr can advise you on whether we think it is likely the court will consider you as a cohabitant.

If the court does decide you are a cohabitant of the deceased person, they will then decide whether you should be entitled to an award and, if so, how much you should be entitled to. There is a maximum amount you can claim from the estate and that is the maximum amount you would have received had you been married to or in a civil partnership with the deceased person.

Our personal law solicitors can advise you on the maximum value of your claim once we know more about your partner’s assets. If you were living in a house owned by your partner at the time they died, you may be able to claim to receive the house and furniture up to a certain value.

If you do wish to make a claim against your cohabiting partner’s estate when they die without a will, the important thing is to take specialist legal advice as soon as possible in order to ensure you can make your claim within the six months’ time limit.

Our Personal Law Solicitors in Edinburgh and Glasgow have experience of dealing with cohabitation claims and can provide you with specialist legal advice in relation to making a cohabitation claim.

What our clients say

I wanted to take this opportunity of thanking you for your professional and efficient service in dealing with our Father’s Estate. We always held you in high regard and you helped us in a very emotionally difficult time.

Kate
Lindsay Maclean

Lindsay Maclean

Partner: Head of Personal Law, Accredited Solicitor for the Elderly

Get in touch with me when you need reliable legal advice on any aspect of Wills & Estate planning, including powers of attorney, will writing, financial planning and executries.

lindsay.maclean@gibsonkerr.co.uk

Edinburgh 0131 202 7516

Glasgow 0141 404 0436

or request a callback

Primary Sidebar

Wills & Estate Planning

  • Intestacy
  • Wills & Will Writing
  • Executries
  • Living Wills
  • Unmarried Couples’ Rights on Death
  • Claims on Inheritance by a “Common Law Spouse” (Cohabiting Partner)
  • Probate in Scotland
  • Power of Attorney
  • Guardianship Orders
  • Intervention Orders
  • Estate Planning
  • Cost of Care
  • Trusts
  • Foreign Estates with Assets in Scotland
  • What Happens When Someone Dies in Scotland?
  • Fixed Fee for Wills and Power of Attorney

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Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

Locations

Edinburgh

Family Law, Personal Law
&
Property Law

6 Randolph Crescent
Edinburgh
EH3 7TH

t: 0131 202 7516
f: 0131 557 5215

dx: 551100 Edinburgh 7

e: edinburgh@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

Glasgow

Personal Law & Family Law

1 West Regent Street
Glasgow
G2 1RW

t: 0141 404 0436

e: glasgow@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

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