Cohabitants

Cohabitants guidance:

Introduction In addition to periodical payments orders, the court may also make capital orders under Schedule 1 to the Children Act 1989 (ChA 1989). Such orders are most...

Practice Note

There are various definitions of cohabitation within case law. Under the current remedies available to cohabitants, the first step will be to establish that the...

Practice Note

This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), including the leading...

Practice Note

This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the EU. This has implications for practitioners considering which courts have...

Practice Note

This Practice Note provides an introduction to claims that may be made by cohabitants under Scottish law by virtue of the statutory scheme contained in sections 25 to 29...

Practice Note

Issues relating to a child's surname may arise more frequently between cohabitants, and former cohabitants, than couples who are, or have been, spouses or civil partners....

Practice Note

Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their beneficial...

Practice Note

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court to make a declaration as to the nature and extent of a person’s...

Practice Note

Section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is the catch-all provision and can be used if the other criteria do not...

Practice Note

Where the court is satisfied that reasonable financial provision has not been made for an applicant, it has power to make an order under section 2 of the Inheritance...

Practice Note

Child of the deceased Definition A child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975...

Practice Note

Introduction The conduct of the party who makes a claim for financial provision has always been a relevant matter. Section 1(6) of the Inheritance (Family Provision) Act...

Practice Note

The effect of the anti-avoidance provisions contained within the Inheritance (Provision for Family and Dependants) Act 1975 I(PFD)A 1975, ss 10–13 is that a person...

Practice Note

The court is required to move away from the common factors in section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) when considering...

Practice Note

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is designed to allow a court to vary the dispositions effected by the Will or intestacy of a...

Practice Note

Assuming the applicant overcomes the hurdles of proving that they are within the appropriate class of claimants and that the deceased failed to make reasonable provision...

Practice Note