Cohabitation Claims on Death Solicitors in Scotland
If your cohabiting partner has passed away without leaving appropriate provision for you, you may have a legal claim. Our team provides compassionate, expert advice.
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A surviving cohabitant may have a claim only where the deceased died without a valid will.
Unmarried partners do not automatically inherit from one another under Scottish intestacy law. Section 29 of the Family Law (Scotland) Act 2006 can allow a surviving cohabitant to apply for financial provision where the deceased was domiciled in Scotland and died intestate.
The current statutory deadline is six months from the date of death. It is a strict court deadline, and estate administration can begin before the survivor has decided what to do. Advice should therefore be taken promptly by a potential applicant, executor or beneficiary.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
How Do We Advise on Cohabitation Claims Following a Bereavement?
At Kee Solicitors, we understand that losing a partner is devastating, and that financial uncertainty makes an already difficult time even harder. Our team provides compassionate, expert advice on cohabitation claims under the Family Law (Scotland) Act 2006, helping you understand your rights and take the appropriate steps.
Eligibility, the available award and the limits of a section 29 claim.
The court first considers whether the applicant and deceased were cohabitants, looking at the nature and length of the relationship and the financial arrangements. It can then order payment of a capital sum or transfer of property from the net intestate estate, subject to the statutory limits and the interests of the estate and other beneficiaries. We also advise executors and beneficiaries responding to a claim, including the effect on estate administration and competing rights.
The court considers the size and nature of the net estate, any benefit the survivor receives as a result of the death, the rights and claims of others and the circumstances of the cohabitation. An award cannot exceed the statutory comparison with what a spouse or civil partner would have received on intestacy.
A section 29 claim is not available where the deceased left a valid will, even if the will excludes the cohabitant. Other rights may sometimes arise from jointly owned property, a contract, a pension nomination, life insurance or another legal basis, but those are separate from section 29.
We assess the estate, relationship evidence and competing rights, then seek agreement or raise proceedings within the deadline where necessary.
Our Dedicated Team of Family Law Experts
Planning in advance remains far safer than relying on a court claim after death.
Cohabitants should make wills and review property ownership, pension nominations, life cover and any cohabitation agreement. A section 29 application is discretionary, time-limited and available only on intestacy.
Where a partner has already died, we provide clear advice sensitively and act quickly to protect any available claim.
Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.
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Frequently Asked Questions: Cohabitation Claims on Death in Scotland
Common questions about financial claims following the death of a cohabiting partner in Scotland.
Do I automatically inherit if my unmarried partner dies?
No. A cohabitant is not an automatic intestate heir. A section 29 application may be available if the deceased died without a valid will, but it must be made within six months.
What is the time limit for a cohabitation claim on death?
The application must be made within six months of the date of death. The deadline is strict, so estate discussions should not be allowed to use up the available time.
Can I use section 29 if my partner left a will excluding me?
No. Section 29 applies only where the deceased died intestate. A will that makes no provision for a cohabitant does not activate the statutory cohabitation claim, although another separate right may need to be investigated.
How can cohabitants protect one another in advance?
Make valid wills, record ownership and contributions, consider a cohabitation agreement, and review pensions, life policies and nominations. These arrangements should be updated after major life or financial changes.
How is a claim on death different from a separation claim?
A death claim is under section 29, applies only on intestacy and has a six-month deadline. A separation claim is under section 28, uses different remedies and must be raised within one year after cohabitation ends.
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