Is a will void if the person who made it dies while cohabiting with someone they're not married to? | Lawhive - Solicitors & Lawyers Online
Is a will void if the person who made it dies while cohabiting with someone they're not married to?
Hi. Can anyone help with a Scottish inheritance case? My friend and her non married partner lived between their respective houses. He recently died and she attempted to raise an action against the executor regarding cohabitation. She knew there was a will leaving everything to his widowed mother(no siblings, children or wives). She predeceased him by 9 months. She knows she can only challenge if the estate is intestate. She assumed the will would be void and therefore fall into intestacy. Her solicitor has said that due to the will the estate is not intestate. (no other beneficiaries are in the old will) She understood the uncertainty of going to court but has been surprised by this latest finding. Can anyone help?

Daisy Elson

21st April 2022

Top Answer
Not qualified. Cohabiting partners can challenge a will or an intestacy at least in England. Not sure about Scotland. The cohabiting partners needs to have been living with the partner for at least 2 years before their death and to have been financially reliant on them. If this person has their own house they may struggle with the requirements as they would not be seen as being so dependant on the person that died.

Frank Cuevas

21st April 2022

Not qualified. Does the friend work or did the partner provide for both of them ? If the friend has been working and owns a house they could be seen as too financially independent. You don't get given the money purely because you were cohabiting, you get it because you were dependant on them and will be in a precarious situation if you get nothing.

Frank Cuevas

21st April 2022

1 upvote

Not qualified. Possibly the money will enter the mother's estate and be distributed accordingly.

Frank Cuevas

21st April 2022

This page contains user-generated content and is provided for general informational use only. Unless otherwise indicated, answers are provided by non-qualified (NQ) lay members of the public. Please read our Terms for more information.

If you have feedback on this question please contact support@lawhive.co.uk

Get legal help the hassle-free way

We have expert solicitors ready to resolve any type of legal issue in the UK.

Remove the uncertainty and hassle by letting our solicitors do the heavy lifting for you.

Get Legal Help

Takes less than 5 mins