Q&As

Can a cohabiting couple opt out of the Inheritance (Provision for Family and Dependants) Act 1975 provisions by entering into a cohabitation agreement?

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Published on LexisPSL on 14/03/2017

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can a cohabiting couple opt out of the Inheritance (Provision for Family and Dependants) Act 1975 provisions by entering into a cohabitation agreement?

We refer you to Cohabitation contracts—overview, in particular the following Precedents:

  1. Cohabitation agreements—client guide

  2. Cohabitation contract

See also Practice Notes:

  1. General principles—cohabitation contracts

  2. Terms and drafting—cohabitation contracts

Regarding a potential claim by a cohabitant on the death of the other, see subtopic: Cohabitant's rights on death—overview.

A declaration may be made in a Will as to the testator’s intentions regarding a potential claim against their estate under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), that may have evidentiary value in the event of a claim.

Statement for the purposes of the Inheritance (Provision for Family and Dependants) Act 1975: Cohabitation: Law, Practice and Precedents [6.144] (Jordan Pu

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