Kerr v Mangan and others

Cohabitants – Financial provision – Application by survivor for provision on intestacy – Meaning of 'net intestate estate'. Court of Session: Refusing an appeal by a surviving cohabitant to whom a sheriff had awarded a capital sum out of the intestate estate of her deceased partner, the court held that the deceased's 'net intestate estate' in terms of s 29 of the Family Law (Scotland) Act did not include property he owned in Ireland and the sheriff principal was, therefore, correct to reduce the award to the appellant to nil.

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