This article explains the rights of cohabiting partners (those who live together but are not married) when one partner dies.
Key Points:
- Cohabitants may be entitled to financial support from the deceased partner’s estate, but they must meet specific criteria.
- The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) governs these claims.
- Eligibility for claims depends on the length of cohabitation and the financial contributions of each partner.
- There are time limits for making such claims.
Types of Claims:
- Living as husband and wife for two years: This allows an automatic claim for reasonable financial provision.
- Partially or fully maintained by the deceased: This allows a claim if the deceased financially supported the applicant.
- Anti-avoidance provisions: These allow claims if the deceased transferred assets to avoid financial obligations to the cohabitant.
Making a Claim:
- Applications are made in the High Court or County Court within strict time limits.
- Specific rules and evidence requirements apply.
- Costs are at the court’s discretion.
Additional Considerations:
- This article doesn’t cover tenancy rights, tax implications, pension provision, or claims under the Fatal Accidents Act 1976.
This is a complicated area of law. For advice, contact clerks@anvilchambers.co.uk