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High Court orders that proper provision should be made for the plaintiff out of the estate of her cohabitant who died intestate, in the form of transferring ownership to the plaintiff of the house in which she and the deceased lived together for fifteen years, finding, inter alia, that: (a) there was no evidence that the deceased decided not to make provision for the plaintiff; (b) it was clear that when the deceased bought the house that he intended that it would be a home for himself and the plaintiff; (c) the plaintiff gave up a job she had held for fifteen years to care for the deceased and, from then until the time of his death, was financially dependent on him; and (d) the mere fact that the deceased’s siblings were entitled to share in his estate meant that they had rights to which regard must be had.
Application pursuant to s. 194 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 - plaintiff seeking order for provision out of the net estate of the deceased - application heard on affidavit evidence - deceased died intestate, unmarried and without issue, with four siblings, three of whom survived him - deceased’s siblings declined to take out a grant of administration - on the application of the plaintiff pursuant to s. 27(4) of the Succession Act,1965 the defendant was appointed administrator - plaintiff's evidence that she and the deceased had been in a relationship for almost 40 years and had cohabited for 32 years and that she was his carer when he began to suffer from vascular dementia - documents show plaintiff made the arrangements for his funeral and paid the funeral expenses - contended by deceased's brother that due to lack of capacity on the part of deceased, the plaintiff had not cohabited with the deceased so as to meet the statutory minimum period - whether and what provision should be made for the plaintiff as a surviving qualifying cohabitant.
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