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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10249
Experience:  30 years as a practising solicitor.
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the proof of civil partnership status

Customer Question

I'm a non-resident. I've been in a civil relationship for 7 years with a British partner. I have some documents like a debit card that was issued in the Bank of Scotland based on our relationship and a bank clerk can confirm the fact. There's also our joint participation in the assisted conception programme in Glasgow. We were going to apply for a fiancee visa end of November when in mid November he had stroke and then he died on December 16, 6 days ago. A solicitor dealing with wills and inheritance (he didn't leave any will) has assured me they treat civil partnership quite seriously in Scotland and if I can confirm it I can claim the share of his property within 6 months after his death. Is there any way I can go about it considering the fact that I'm a foreigner?

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
It doesn't matter that you are a foreigner. As a partner you can apply to the court for a payment from the estate within six months of the date of death.
This is under section 29 of the Family Law (Scotland) Act 2006 which says:
"29 † Application to court by survivor for provision on intestacy
(1)† This section applies where
(a) † a cohabitant (the deceased) dies intestate; and
(b) † immediately before the death the deceased was
(i) † domiciled in Scotland; and
(ii) † cohabiting with another cohabitant (the survivor).
(2)† Subject to subsection (4), on the application of the survivor, the court may
(a) † after having regard to the matters mentioned in subsection (3), make an order
(i) † for payment to the survivor out of the deceased's net intestate estate of a capital
sum of such amount as may be specified in the order;
(ii) † for transfer to the survivor of such property (whether heritable or moveable)
from that estate as may be so specified;
(b) † make such interim order as it thinks fit.
(3)† Those matters are
(a) † the size and nature of the deceased's net intestate estate;
(b) † any benefit received, or to be received, by the survivor
(i) † on, or in consequence of, the deceased's death; and
(ii) † from somewhere other than the deceased's net intestate estate;
(c) † the nature and extent of any other rights against, or claims on, the deceased's net intestate
estate; and
(d) † any other matter the court considers appropriate.
(4)† An order or interim order under subsection (2) shall not have the effect of awarding to the
survivor an amount which would exceed the amount to which the survivor would have been entitled
had the survivor been the spouse or civil partner of the deceased."
I suggest you see a Scots lawyer specialising in court matters immediately so that a claim can be made.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10249
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your time and expertise. I have forwarded the payment but my Internet is nogt at its best at the moment. I'll check later. Please let me know if it should be a family law solicitor or an immigration solicitor and if you happen to know someone in the area between Glasgow and Fort William. Though it doesn't matter much, just for the convenience. Can you help me estimate, from you experience, the sum of money I will need to prepare for all the procedures, including the notorized documents, till the court hearing? I'm currently in my home country and preparing to leave soon. Of course I need to check with the solicitor beforehand what I need to prepare before I leave. Thank you again. You've given me hope. After the death it is the first good news.

Expert:  JGM replied 2 years ago.
The payment has gone through, thank you.
I'm very sorry for your loss. It's a family law solicitor you need to see. The immigration element isn't relevant as long as you were cohabiting in Scotland at the time of death. Experts on JustAnswer are prohibited from recommending specific firms. You can contact the Law Society of Scotland for a recommendation. I suggest you get someone near to where you and your partner lived as it will be the sheriff court there that will hear the case.
What you will need is evidence of cohabitation so witnesses, correspondence at the address you were living at etc.
If the application is unopposed budget £2500. If it's opposed it's impossible to give an accurate estimate as this type of case is charged on a time basis. It could be £15-20000, or more, or less.
Customer: replied 2 years ago.

DearCustomer I have yet another question. In case it is opposed (there are three next-of-kin - they say they treat me like their relative but it remains to be seen). Is it possible to ask for a pro bone basis, considering I'm a foreigner? Is it common practice? Can I rely on it? I've placed the minimum of 38 pounds on the website to receive information. I am happy with what I have got, please tell me how I can forward you the rest of the sum.

Expert:  JGM replied 2 years ago.
You can apply for legal aid through the solicitor you employ if you qualify on financial grounds. It's unlikely that any lawyer would do this pro bono.
As far as my remuneration is concerned you just have to leave a positive rating and I will be paid for my answers.

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