How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

I live 7n scotland, have I a claim on my common law husbands

Customer Question

I live 7n scotland, have I a claim on my common law husbands estate
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Can you explain your situation a little more and I will help you with this. I am a solicitor in Scotland.
Customer: replied 2 years ago.
My partner died on 8th may this year, he was divorced has 2 daughters, we had been together for only 1 year, his daughters are his heirs, he has a considerable works pension, I want to know if I have a claim on this, I have emails and texts where he refers to me as his wife
Customer: replied 2 years ago.
Both his dauguters are adults the elder is dealing with all business, she has appointed a lawyer
Expert:  JGM replied 2 years ago.
The first thing you have to know is that common law marriage was abolished in Scotland in 2006.
You only have a claim on your partner's estate if:
1. He provided for you in a will.
2. He nominated you to get his pension or the pension trustees permit this.
3. The court awards you a capital payment from his estate under section 29 of the Family Law (Scotland) Act 2006. You only have six months to make a claim for this.
For the foregoing reasons you should see a solicitor face to face immediately to discuss these options.
Happy to discuss. I will be back online later.