Cohabitation Claims After Death

Can a Cohabitant Make a Claim on an Estate?

If a cohabiting partner dies without a Will, the surviving partner may have the right to make a legal claim on their estate. However, cohabitants do not have the same legal rights as married couples, and strict time limits apply.

These claims, known as s.29 claims, are made under Section 29 of the Family Law (Scotland) Act 2006. They allow a surviving cohabitant to apply for a share of the deceased partner’s estate—but only if the claim is made within six months of their death.

Why Time is Critical

✔️ There is a strict six-month deadline to make a claim.
✔️ If the claim is not made in time, the surviving partner may receive nothing from the estate.
✔️ Each claim is assessed individually by the court, considering factors such as the length of the relationship and financial contributions.

Legal Support for Cohabitation Claims

At maloco mowat parker, we understand that losing a partner is a deeply difficult time. Our experienced solicitors can guide you through the process quickly and effectively, ensuring that your rights are protected.

Contact Us Without Delay

If your cohabiting partner has passed away without a Will, act quickly to protect your interests. Contact us today.

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FAQs

What is a Power of Attorney?
A legal document is signed by you at the present time, designating a trusted individual to make choices on your behalf in case you become incapable of making such decisions for yourself in the future.
Why should I make a Power of Attorney?
A Will guarantees the allocation of your assets based on your desires upon your demise, while a Power of Attorney safeguards your wealth during your lifetime. Having a Power of Attorney is equally vital as having a Will – it’s essential for everyone to possess one.
Is there a limit to how many people I have as my Attorney?
No, there is no limit to the number of individuals you can appoint as your attorney, provided they are at least 16 years of age. However, you need to specify if they should collaborate or act independently when making choices for you.
When does a Power of Attorney start?
You can grant your attorney(s) the power to manage your financial affairs immediately upon registering the document, or you can withhold this authority until you’re mentally incapable of making your own choices. The ability to make welfare decisions can only be exercised when you’re unable to decide on your own well-being.
Can I amend or cancel my POA?
Yes, for as long as you are able to make decisions, you can amend your POA at any time. As long as you have mental capacity you can also cancel your POA at any given time.
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