Question 7
My partner and I live together, but are not married. We have lived together for many years. I assume that he will be entitled to my estate when I die. I have never made a Will.
No. Your partner will not inherit your entire estate. When a person dies without leaving a Will, Scots Law still determines succession to their estate largely on the basis of blood or marital relationship. The Family Law (Scotland) Act 2006 introduced limited rights for cohabitees, enabling them to make a claim on the estate of a deceased partner. These rights however fall far short of giving the surviving partner the whole estate. You would both be well advised to make Wills, as the new rights for cohabitees only apply on intestacy (i.e. where there is no Will) and making a Will would give you both far greater control of the consequences of either partner’s death.
