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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.
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.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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