Losing someone close to you is devastating, and the last thing you want to think about is legal paperwork. Unfortunately, when your partner dies without a Will and you were not married, the situation becomes complicated. In Scotland, cohabitants do not have an automatic right to inherit. Instead, you must make a claim under Section 29 of the Family Law (Scotland) Act 2006 (a ‘section 29 claim’). 

A Section 29 claim allows the Court to award financial provision from the deceased’s estate, but strict rules apply. The claim must be lodged within six months of the date of death. Miss this deadline, and you may lose the right to claim entirely. The Court will consider factors such as the size of the estate, your financial position, and any other relevant circumstances. Importantly, the award cannot exceed what a spouse or civil partner would have received. 

This process is far from straightforward. At Maloco Mowat Parker, we recently handled such a case, and it required significant preparation. We had to gather detailed evidence of the relationship, including affidavits confirming cohabitation and financial interdependence. We also prepared documentation showing the value of the estate. Finally, we lodged the application with the Sheriff Court before the deadline expired. 

Why is this so complex? Every case is different will depend on the specific facts. The Court examines the nature and length of the relationship, shared finances, household arrangements, and whether there were children involved. Without clear evidence, your claim may fail. Legal costs can also be substantial, so early advice is essential. 

If you find yourself in this situation, act quickly. Seek professional help to prepare affidavits, gather financial records, and submit your claim on time. The death of a loved one is hard enough without the added stress of legal uncertainty. For compassionate, expert advice, about this issue, or any aspect of the death of a relative contact Maloco Mowat Parker today. We are here to guide you through this challenging process and help you to protect your rights.