Surviving cohabitant entitled to provision from estate of deceased partner despite familial objections

The High Court dismissed an appeal and affirmed the Circuit Family Court's decision granting provision to a surviving partner from the estate of a deceased cohabitant. The court found that the applicant, who had been in a committed relationship with the deceased and was recognised as a qualified cohabitant, had not been adequately provided for during the deceased’s lifetime, particularly in relation to accommodation. The court rejected arguments that the provision of shared accommodation during life, and the applicant's claimed self-sufficiency, obviated any requirement for relief. The court emphasised the applicant’s ongoing dependence on the home, modest means, and the absence of any competing financial needs among other beneficiaries. The parents’ argument that there was no legal or moral obligation on the deceased was found not to be determinative under the relevant statutory provisions. The result is that the original orders—ensuring accommodation provision for the applicant—were affirmed, reflecting the applicant’s dependency and circumstances.