Death and Disputes

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.