I Pfd A Claims - Private Client

Spouse or civil partner

• there must have been a subsisting marriage at the time of death

• this will include a judicially separated spouse

Former spouse/civil partner who has not remarried

• former spouse/civil partner may be barred from applying by court order or the granting of the decree of divorce on nullity (ss.15 & 15A)

A person who has cohabited with the deceased

• for at least 2 years

• Re Watson [1999]: can ignore short time apart – e.g. hospital stay

Child of deceased

• includes a child of a non-marital relationship, an adopted child, and a child en ventre sa mere

• an adopted child is not able to make a claim as a child of the natural parent

• a child of any age may apply, but historically, applications from able-bodied adults capable of earning their own living have not been treated sympathetically by the courts, unless the adult remains in full-time education (reasonableness test)

Person treated by the deceased as a child

• treated as a child of the family in connection with a marriage/civil partnership to which the deceased was a party

• person can be a child of the family even if they were already an adult when the deceased married (or entered into a civil partnership with) their parent

Person who immediately before death of deceased was being wholly or partly maintained by deceased

• s.1(3): “a person is to be treated as being maintained … if the deceased was making a substantial contribution in money or money's worth towards the reasonable needs of that person, other than a contribution made for full valuable consideration”

• Bishop v Plumley [1991] care & nursing for free accommodation is not valuable consideration

S.1(2)(a): such financial provision as it would be reasonable in all the circumstances for a spouse to receive whether or not required for maintenance

Spouse/civil partner and former...