Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

194.

Application for provision from estate of deceased cohabitant.

194.— (1) A qualified cohabitant may, after the death of his or her cohabitant but not more than 6 months after representation is first granted under the Succession Act 1965 in respect of that cohabitant’s estate, apply for an order under this section for provision out of the net estate.

(2) Notwithstanding subsection (1) , a qualified cohabitant shall not apply for an order under this section where the relationship concerned ended 2 years or more before the death of the deceased, unless the applicant—

( a) was in receipt of periodical payments from the deceased, whether under an order made under section 175 or pursuant to a cohabitants’ agreement or otherwise,

( b) had, not later than 2 years after that relationship ended, made an application for an order under section 174 , 175 or 187 and either—

(i) the proceedings were pending at the time of the death, or

(ii) any such order made by the court had not yet been executed,

or

( c) had, not later than 2 years after the relationship ended, made an application for an order under section 174 , 175 or 187 , the order was made, an application under section 173(6) was subsequently made in respect of that order and either—

(i) the proceedings in respect of that application were pending at the time of the death, or

(ii) any such order made by the court under section 173(6) in favour of the qualified cohabitant who is the applicant under this section had not yet been executed.

(3) The court may by order make the provision for the applicant that the court considers appropriate having regard to the rights of any other person having an interest in the matter, if the court is satisfied that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased for any reason other than conduct by the applicant that, in the opinion of the court, it would in all the circumstances be unjust to disregard.

(4) In considering whether to make an order under this section, the court shall have regard to all the circumstances of the case, including—

( a) an order made under section 173(6) , 174 , 175 or 187 in favour of the applicant,

( b) a devise or bequest made by the deceased in favour of the applicant,

( c) the interests of the beneficiaries of the estate, and

( d) the factors set out in section 173(3) .

(5) The court shall not make an order under this section where the relationship concerned ended before the death of the deceased and—

( a) the court is not satisfied that the applicant is financially dependent on the deceased within the meaning of section 173(2) , or

( b) the applicant has married or registered in a civil partnership, or in a legal relationship of a class that is the subject of an order under section 5 .

(6) The applicant shall give notice of an application under this section to the personal representative of the deceased, any spouse or civil partner of the deceased and to any other persons that the court may direct and, in deciding whether to make the order and in determining the provisions of the order, the court shall have regard to any representations made by any of those persons.

(7) The total value for the applicant of the provision made by an order referred to in subsection (4)(a) on the date on which that order was made and an order made under this section shall not exceed any share of the applicant in the estate of the deceased qualified cohabitant to which the applicant would have been entitled if the qualified cohabitants had been spouses or civil partners of each other.

(8) If the qualified cohabitant does not notify the personal representative as required by subsection (6) , the personal representative may distribute the assets of the deceased qualified cohabitant or any part of them amongst the persons entitled to them and is not liable to the qualified cohabitant for that distribution.

(9) Nothing in this section prejudices the rights of the qualified cohabitant to follow assets into the hands of a person who has received them.

(10) An order under this section shall not affect the legal right of a surviving spouse.

(11) For the purposes of this section, “net estate”, with respect to the estate of a person, means the estate that remains after provision for the satisfaction of—

( a) other liabilities of the estate having priority over the rights referred to in paragraphs (b) and (c) ,

( b) any rights, under the Succession Act 1965, of any surviving spouse of the person, and

( c) any rights, under the Succession Act 1965, of any surviving civil partner of the person.