Podcast Location:
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Categories:
Family Law
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two part podcast series is aimed at practitioners interested in the variety of claims available to cohabitees.

Part One begins by considering rights for unmarried individuals who jointly own property by examining in detail Kernott v Jones [2010] EWCA Civ 578 in anticipation of the Supreme Court judgment. It also turns to possible claims for cohabitees under the Inheritance Act 1975.

Part Two continues to look at the circumstances in which a cohabitee can make a claim against a cohabitee’s estate. It will then consider the impact of the Civil Partnership Act 2004 and the legal position of any children who come from cohabiting households.

Outcomes:
After completing the course you will:
  • Understand how the question of how jointly owned property rights should be quantified when there is no express declaration of trust was approached in Kernott v Jones;
  • Understand how the law as set out in Stack v Dowden was applicable in Kernott v Jones;
  • Know which issues fall to be addressed by the Supreme Court in Kernott v Jones and the areas of the law that are in need of clarification;
  • Be aware of the circumstances in which a cohabitee may make a claim against the deceased’s estate pursuant to the Inheritance Act 1975.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • 'Intestacy and Family Provision Claims on Death’ (Law Commission Consultation Paper No 191);
  • B v R [2009] EWHC 2026 (Fam), [2010] 1 FLR 563;
  • Bouette v Rose [2000] 1 FLR 363;
  • Calderbank v Calderbank [1975] 2 All ER 333;
  • CF v KM (financial provision for child: costs of legal proceedings) [2010] EWHC 1754 (Fam);
  • Churchill v Roach [2004] 2 FLR 989;
  • Civil Partnership Act 2004;
  • F v G (child: financial provision) [2004] EWHC 1848 (Fam), [2005] 1 FLR 261;
  • G v G [2009] EWHC 2080;
  • Gully v Dix [2004] 1 FLR 918 at 925;
  • H v C [2009] 2 FLR 1540;
  • Holman v Howes [2007] EWCA Civ 877, [2008] 1 FLR 1217;
  • Inheritance (Provision for Family and Dependants) Act 1975;
  • Jelley v Iliffe [1981] 2 All ER 29;
  • Kernott v Jones [2010] EWCA Civ 578;
  • Kourkgy v Lusher (1983) 4 FLR 65;
  • Matrimonial Causes Act 1973;
  • Morgan v Hill [2006] EWCA Civ 1602, [2007] 1 FLR 1480;
  • MT v OT (financial provision: costs) [2007] EWHC 838 (Fam), [2008] 2 FLR 1311;
  • M-T v T [2006] EWHC 2494 (Fam), [2007] 2 FLR 925;
  • N v D [2008] 1 FLR 1629;
  • Phillips v Peace (No 2) [2004] EWHC 3180 (Fam), [2005] 2 FLR 1212;
  • Re Beaumont deceased; Martin v Midland Bank Trust Co [1980] Ch 444, [1979] 3 WLR 818;
  • Re N (payments for benefit of child) [2009] EWHC 11 (Fam) , [2009] 1 FLR 1442;
  • Re P [2003] EWCA Civ 837, [2003] 2 FLR 865, CA;
  • Re S (child: financial provision) [2004] EWHC Civ 1865, [2005] 2 FLR 94, CA;
  • Re S (unmarried parents: financial provision) [2006] EWCA Civ 479, [2006] 2 FLR 950, CA;
  • Re Watson [1999] 1 FLR 878;
  • Stack v Dowden [2007] UKHL 17;
  • W v W (joinder Trusts of Land and Children Act applications) [2003] EWCA Civ 924, [2004] 2 FLR 321.
Tags:

This two-part podcast series will look at the property rights of unmarried cohabiting couples and the role of the courts in such claims. It will consider rights for unmarried individuals who jointly own property by setting out the case of Kernott v Jones, rights of cohabitees under the Inheritance (Provision for Family and Dependants) Act 1975, the impact of the Civil Partnership Act 2004 and the legal position of children from cohabiting households.

Podcast last reviewed: 2012-04-02

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