My cohabitant has died without a will – what are my rights?
Where there is no will, a surviving unmarried partner is not automatically entitled to receive money from their deceased cohabitant's estate. This can make it more challenging to go through a difficult moment. The surviving cohabitant may ask the court for financial support after the deceased person's passing if there is no will in place.
You can ask the court for a benefit from the decedent's estate by asking your lawyer to submit an application on your behalf. The court will decide whether or not you will inherit from the decedent's estate based on the rules of intestacy after an application has been made.
You may be entitled to receive a capital payment from the deceased's net estate if the court so orders. The order may also specify that you get certain assets from the decedent's estate. The order cannot provide you more money than you would have gotten if the dead had been your spouse or in a civil union with you.
It's critical to convince the court that you shared a home with the deceased. This entails cohabiting as though you were wed or in a civil partnership.
Additionally, the deceased civil partner had to have lived in Scotland at the time of their death.
The court must receive the application from the surviving partner within six months of the decedent's passing. Therefore, in order to ensure that the application can be submitted within this limited time frame, it is crucial to get in touch with your solicitor and get legal advice as soon as possible.
It is not possible to request financial provision from the court if your cohabitant left a will.
Ensuring you have a current will in place, is still our recommendation. You can provide yourself and your partner the assurance of inheritance that your affairs are in order and that your cohabitant will be taken care of by include a provision for them in your will. By doing this, a court proceeding with a short deadline during a trying moment is avoided.
Please take note that this blog's content only relates to Scotland.
At Clarity Solicitors, we have highly regarded lawyers who have expertise advising on problematic trusts and estates in both our personal and family teams and our dispute resolution teams. Contact us if you need our help knowing your legal rights.