Cohabitation is now a common way for couples in Scotland to build a life together, but the law still draws a sharp line between cohabitants and spouses or civil partners - especially when one partner dies without having a will.
Does a cohabiting partner have a claim where there is no will?
Many people assume that living together automatically gives them inheritance rights where there is no will but that’s not the case. However, in certain circumstances Section 29 of the Family Law (Scotland) Act 2006 allows for a cohabiting partner to make a claim from the estate.
When can a claim under Section 29 be made?
A claim can be made under Section 29 where all of the following apply:
The cohabitant died without a will
The cohabitant was domiciled in Scotland immediately prior to their death; and
The couple were living together as spouses or civil partners immediately before the death.
What is the value of the claim?
A claim can only be made on the estate of the deceased once any other claims by a spouse or civil partner or children have been paid out.
An award to a cohabitant cannot be more than would have been received if the surviving person had been the spouse or civil partner of the deceased.
The court has a wide discretion as to the amount to be awarded and will take into account:
The size and value of the deceased’s estate
Any benefit already received by the surviving cohabitant
The nature and extent of any other claims on the deceased’s estate
Any other matters it considers appropriate.
What is the time limit for making a claim?
A claim must be raised at the sheriff court within six months of the date of death. Courts have no power to extend this deadline, and many potential claims are lost simply because people are unaware of it.
Section 29 is often described as a safety net but there is a short timeframe for making a claim at the sheriff court and the court has a wide discretion as to the amount of any claim awarded. It is important for cohabitants to seek early advice if they are looking to make a claim on the estate of a partner who did not have a will.
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Looking for more guidance in this area? Get in touch with Jane Rattray to find out more.
Jane Rattray
Legal director
As a solicitor advocate, as well as regularly appearing at the sheriff court, she holds extended rights of audience to appear in the Court of Session and the United Kingdom Supreme Court. This affords her clients the benefit of direct access to counsel representing their interests in court from the outset of the case.
She also represents clients at the Scottish Land Court and the Lands Tribunal for Scotland.
Jane is an experienced commercial litigator having specialised in dispute resolution throughout her legal career. She regularly represents and advises commercial clients and private individuals on a wide variety of matters including contractual disputes, property litigation and debt recovery. Although her practice has an emphasis on commercial disputes, Jane has a keen interest in contentious trust and executry matters.
Jane regularly advises clients on obtaining urgent and emergency court orders and protective measures. As well as litigation, she guides and represents clients through different forms of alternative dispute resolution, including English law-governed disputes often resolved by arbitration or mediation.
Her clients consider her to be a trusted advisor with a pragmatic approach to dispute resolution.
Posted: May 22nd, 2026
Filed in: Litigation