Under the Civil Partnership and Certain Rights and Obligations of Co-Habitants Act 2010, a couple is deemed to be co-habitants when they have lived together as a couple in an “intimate and committed relationship” for in excess of five years (or 2 years if there are children of the relationship) before the date of death of one of them.
The Act provides a surviving co-habitant with an entitlement to seek maintenance against the estate of the deceased. The court may award financial provision if it believes the surviving cohabitant was financially dependent on the deceased. The court will look at every aspect of their relationship – duration, financial independence, age, etc. in coming to a decision.
Under the Act, the onus is on the surviving co-habitant to make the claim and proceedings must be brought within 6 months of the Grant of Probate/Letter of Administration issuing.
For more information on the Rights of Co-Habitants in Probate matters, please contact us at info@mcgrathmullan.ie. Thank you.