Caesar and Howie have recently been on the winning side in a case dealing with the right of unmarried Cohabitants under the Section 29 of the Family Law (Scotland) Act 2006. This act gives cohabitants the right to apply for payments out of the deceased’s estate. In this case Caesar and Howie successfully represented a family member entitled to inherit the estate against the claim of a person who had lived with the deceased for just over two years. That claim was rejected by the Sheriff. Martin Monaghan family law partner at Caesar and Howie commented “I think this is a good common sense result and it shows the Act does not give cohabitants who live a relatively short time with someone excessive rights to their estate. My client and I were very pleased with this result”.
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