How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10649
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now
A new question is answered every 9 seconds

A cousin of mine with whom I have had no contact in the past

This answer was rated:

A cousin of mine with whom I have had no contact in the past 30 years, died recently.
I have been cited as a defender in a civil case brought by my cousin's partner in respect of the settlement of the estate.
In brief, my cousin died intestate, having lived for some 25 years with the pursuer, whose marital status is not declared, in what we know in Scotland as a common law partnership, having left his own wife of 25 years under a separation agreement, but never formally divorced. She is also cited as defender, along with my brother and two other parties, thought to be second cousins of the deceased.
The value of the estate is about £24000.
The claim is made under the Family Law (Scotland) Act 2006, S 29 as the survivor.
It seems to me that there is little point in contesting the claim.
I would appreciate your confirmation as to this proposed course of action.
Thank you
***** *****
11 Townsend Crescent
Kirkcaldy, Fife
Thank you for your question.
I think you are right. The court can award a capital payment and has a wide discretion as to how much and in what circumstances. You describe a scenario of a long relationship where they were common law spouses, ie, married in everything except name.
If the surviving relatives are first and second cousins, then the degree of relationship is also more distant that had there been children, for example.
I would not contest the claim.
I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you