Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Cohabitants definition

What does Cohabitants mean? Cohabitants are two adults who live together as a couple in one household without being married to each other or in a civil partnership. The term covers both opposite-sex and same-sex couples and is assessed by the factual nature of the relationship. There is no single UK- or Ireland-wide definition. In England and Wales, and in Northern Ireland, meaning varies by statute and context, with courts asking whether the couple lived together “as if spouses or civil partners”, considering factors such as duration and stability of the relationship, shared residence, finances, domestic arrangements and any children. Some legislation sets a minimum...

Claims by surviving cohabitants on intestacy in Scotland: scope, procedure and remedies under FL(S)A 2006 s29, and changes introduced by the Trusts and Succession (Scotland) Act 2024

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Practice notes

FORTHCOMING CHANGE :

The Trusts and Succession (Scotland) Act 2024 gained Royal Assent on 30 January 2024, representing the first overhaul of Scottish trusts law in more than a century since the Trusts (Scotland) Act 1921. Certain provisions on succession began on 30 April 2024, while others have yet to commence. The principal updates to modernise the regime are set out in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes dealing with Scottish trusts and succession will be further revised to reflect this new legislation. This Practice Note considers section 29 of the Family Law (Scotland) Act 2006 (FL(S)A 2006), concerning the right of a surviving cohabitant to ask the court for an order for payment from an Intestate estate in Scotland. The court retains discretion as to whether to make an award when asked. These provisions cover couples of the same or different sex, but operate only where there is Intestacy or partial intestacy. A surviving cohabitant has no entitlement where the deceased left a valid Will, irrespective of that Will’s contents. Succession legislation: general...

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Yvonne Evans

University of Dundee

Yvonne is a Senior Lecturer in Law at the University of Dundee, specialising in Scots trusts and succession and tax law, particularly capital taxes. She became a full-time lecturer in 2013, having tutored revenue law at the University of Edinburgh since 2004.Before she became a full-time academic, Yvonne trained as a solicitor at Brodies in Edinburgh. She then worked as a solicitor in the Private Client department at Anderson Strathern, progressing to Associate with a Professional Support Lawyer role.Yvonne authored the reissue of the Trusts, Trustees and Judicial Factors section of the Stair Memorial Encyclopaedia of the Laws of Scotland published in 2016. She is a member of the Law Society of Scotland's Tax Law and Trusts & Succession Law sub-committees. She has given evidence to the Scottish Parliament Finance and Constitution committee regarding its devolved tax powers. She represented the Law Society of...

Web page updated on 28/05/2026

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