Intestate succession

Question 1

Savage v Purches

Answer 1

1. The surviving cohabitant had already received a very substantial payment under the deceased’s pension
2. They only lived together for three years, and the applicant already got money from the pension
3. The court decided not to use its discretion and awarded nothing

Question 2

Windram 2009

Answer 2

1. The court did make an award
2. The cohabitant and the deceased had lived together for 20 years
3. They had had children together
4. The children would inherit the whole estate under intestacy
5. The court awarded the cohabitant quite a substantial amount on the basis that they lived together for a long time
6. The children were also the cohabitant’s children, so they would eventually inherit (at least a part of) the estate

Question 3

Kerr v Mangan

Answer 3

1. An international private law case
2. The deceased died and had a cohabitant in Scotland
3. They lived together in Scotland
4. The deceased owned heritable property in Ireland
5. The cohabitant made a claim under intestate succession and wanted the property in Ireland to be taken into account
6. The court refused because heritable property under international private law is distributed according to the laws of the land in which it is located
7. The heritable property would be distributed according to Irish law
8. It was not even taken into account (it was treated as if it didn’t exist as the court had no jurisdiction over it)

Question 4

Whigham v Owen

Answer 4

1. Courts are very critical about the cohabitant scheme