Now that the SLC have reported on the proposed Reform of Section 28 Claims (cohabitants who separate), Tom Quail has prepared a seminar on Section 29 Claims (where a cohabitant dies intestate and the surviving cohabitant wishes to make a claim in the estate).
The leading case in this case, Kerr –v- Mangan 2014 CSIH 69, stated:-
“If clarity is to be achieved, the current Section 29 needs to be replaced with a provision that gives a clear indication, not only of the mischief which it seeks to address but also of the policy underlying whatever solution is adopted.”
This talk will cover:-
• The present legal position;
• A brief look at the case law;
• How to quantify a claim in terms of Section 29; and
• The current position re proposals for Reform.
CPD Time: 1 Hour
Originally recorded 15.3.23
15.3.23 Family Law: Death & Disputes
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