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14 February 2008 / Rupert Mead
Issue: 7308 / Categories: Features , Public , Family , Housing
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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
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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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