X v A, B, C and D

Family law – Cohabitants – Financial provision – Application by survivor for provision on intestacy – Procedure. Sheriff Court: In an application by a surviving cohabitant for financial provision on intestacy in which the pursuer lodged a minute of amendment seeking to amend the instance of the initial writ to design the first and second defenders as executors dative, the court held that an action of constitution was flexible enough to comprehend claims under s 29 of the Family Law (Scotland) Act, it rejected the submission that the procedure adopted on the writ was not competent and decided to exercise its discretion in favour of the pursuer and to allow amendment of the instance.

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