The Court have ruled in favour of a woman who received nothing from her late partners 1.5 million estate in a Judgement that will spark a debate about the laws on Inheritance.

The deceased had left his whole estate valued at £1.5 million to tenants and friends.  The couple had been together for 42 years.

In his Judgement, His Honour Judge Jarman QC said the partner should be given reasonable provision for her maintenance.

She was granted one of the deceased’s properties worth £225,000, the property had been purchased with a view to the couple retiring to it.  She was also granted £160,000 worth of future maintenance and care and £28,845 to renovate the property.

This case paves the way for cohabitees who currently have no statutory rights to their partner’s estate to secure financial provision that reflects their contribution to the relationship.

Cohabitation Rights

There is a common myth that there is the concept of common law husband and wife when an unmarried couple live together for a period of time. There is no such concept of this in law, and therefore the rights a married couple are entitled to are not the same as cohabiting rights.

People who live together are known as cohabitees. Under the current law cohabiting rights are limited regardless of how long people have lived together.

Cohabitation Agreements can be put together, prior to moving in with someone or whilst living with someone. They provide both parties cohabiting rights and ensure that in the event of a relationship breakdown both parties are protected.

Help

If you are one of these individuals or an estate holder who wishes to protect his estate then contact any of our specialists. We have six offices in Lincolnshire and Nottinghamshire at Boston, Lincoln, Sleaford, Spalding, Grantham and Newark.

 

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