Rights on death

Rights on death

Cohabitants may have rights on death to reasonable financial provision against a deceased’s cohabitant’s estate, but must prove their entitlement.

Consideration may also be given to any rights under a tenancy, the tax implications of the death of a cohabitant, pension provision and claims under the Fatal Accidents Act 1976. See Practice Notes: Rights on death of cohabitant and Pension rights of unmarried cohabitants on members’ death.

Inheritance (Provision for Family and Dependants) Act 1975

A cohabitant may claim against a deceased’s estate pursuant to section 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) on the grounds that the disposition of the deceased’s estate effected by their will or the law relating to intestacy does not make reasonable financial provision for them. I(PFD)A 1975, s 1(2) defines reasonable financial provision for the class of applicants that includes cohabitants as limited to that which would be reasonable for the applicant to receive for their maintenance. The level of maintenance is determined in the context of the lifestyle the applicant had with the deceased rather than the lifestyle prior

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