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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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If you stay with your partner as common law. Wife

Customer Question

If you stay with your partner for years as common law. Wife are you entitled to your partners estate when they die
Submitted: 1 year ago.
Category: Scots Law
Expert:  ivorylounge replied 1 year ago.
are there children?
Customer: replied 1 year ago.

No children

Expert:  JGM replied 1 year ago.
Thank you for your question.
I am a lawyer in Scotland and will help you with this. Common law marriages are no longer recognised under Scots law. The rights of a cohabitant when their partner dies is now contained in section 29 of the Family Law (Scotland) Act 2006.
What that says is that the cohabitant of a deceased person can apply to the court, within six months of the death, for a capital payment from the estate of the deceased person. The court can make such an order from payment based on:
(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.
So there is no automatic entitlement and an application has to be made to the court within the six month period.
I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 1 year ago.
I am a lawyer in Scotland and will help you with this. Common law marriages are no longer recognised under Scots law. The rights of a cohabitant when their partner dies is now contained in section 29 of the Family Law (Scotland) Act 2006.What that says is that the cohabitant of a deceased person can apply to the court, within six months of the death, for a capital payment from the estate of the deceased person. The court can make such an order from payment based on:(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 intestateestate; and(d) any other matter the court considers appropriate.So there is no automatic entitlement and an application has to be made to the court within the six month period. I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 1 year ago.



I am a lawyer in Scotland and will help you with this. Common law marriages are no longer recognised under Scots law. The rights of a cohabitant when their partner dies is now contained in section 29 of the Family Law (Scotland) Act 2006.

What that says is that the cohabitant of a deceased person can apply to the court, within six months of the death, for a capital payment from the estate of the deceased person. The court can make such an order from payment based on:

(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.

So there is no automatic entitlement and an application has to be made to the court within the six month period.

I hope this helps. Please leave a positive response so that I am credited for my time.