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14 February 2008 / Rupert Mead
Issue: 7308 / Categories: Features , Public , Family , Housing
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Uneasy succession

Rupert Mead investigates succession on death for Cohabitants

On death, certain types of asset will pass to a surviving cohabitant independently of any will, including property held by the cohabitants as joint tenants which passes by survivorship (typically houses and bank accounts) and certain types of nominated property, eg death in service benefits. For most other types of property, including real property held by cohabitants as tenants in common, the only way to ensure that a surviving cohabitant will benefit is by making a will. In the absence of one, a cohabitant will have no automatic right to anything in his deceased partner’s estate and the intestacy rules contained in the Administration of Estates Act 1925 (AEA 1925) will apply.

 
INTESTACY RULES
Under AEA 1925, an intestate person’s estate is divided between certain members of his family (children, then parents, then siblings, and so on in the statutory order), and failing any family, it will pass as bona vacantia to the Crown (or the Duchy of Lancaster or Duke of Cornwall where
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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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