header-logo header-logo

14 February 2008 / Rupert Mead
Issue: 7308 / Categories: Features , Public , Family , Housing
printer mail-detail

Uneasy succession

Rupert Mead investigates succession on death for Cohabitants

On death, certain types of asset will pass to a surviving cohabitant independently of any will, including property held by the cohabitants as joint tenants which passes by survivorship (typically houses and bank accounts) and certain types of nominated property, eg death in service benefits. For most other types of property, including real property held by cohabitants as tenants in common, the only way to ensure that a surviving cohabitant will benefit is by making a will. In the absence of one, a cohabitant will have no automatic right to anything in his deceased partner’s estate and the intestacy rules contained in the Administration of Estates Act 1925 (AEA 1925) will apply.

 
INTESTACY RULES
Under AEA 1925, an intestate person’s estate is divided between certain members of his family (children, then parents, then siblings, and so on in the statutory order), and failing any family, it will pass as bona vacantia to the Crown (or the Duchy of Lancaster or Duke of Cornwall where
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll