Cohabitees - Quasi-Will

Can a divorced cohabitee lawfully cut out his/her common-law partner from his/her estate by making a will leaving all that he/she possesses to children from his/her marriage?

Yes! If the will is valid, it will mean that the cohabitee will have no rights in the estate which will be inherited by children from the deceased's marriage.

What is the legal position when there are cohabitees (common-law spouses) and one of them dies without leaving a will?

If they live together in a joint household, and neither of them is married to someone else when one of them dies, then the one who survives is to receive the share he/she would have received if they had been married to one another.

Is there any minimum period of cohabitation required before one cohabitee has inheritance rights under law in relation to the other's estate?

No. This will vary from case to case.

What happens if shortly before the deceased's death, the cohabitees started to run a joint household?

It is possible that they will not be regarded as cohabitees for the purposes of inheritance, in which case the surviving one will have no right to the other's estate.

What happens if one cohabitee was hospitalized and the couple were not, therefore, living together in the same house at the time the deceased died?

Where circumstances beyond a cohabitee's control such as hospitalization due to ill health result in the couple not living together in the same house at the time of death, this will not be regarded as severing their cohabitation, and the surviving spouse will retain his/her inheritance rights vis a vis the other.

What happens if a couple live alternatively in each other's homes – do they lose their mutual inheritance rights?

No Living in rotation between each cohabitee's home does not prevent them being regarded as cohabitees for inheritance purposes, providing their relationship is proved and a reasonable relationship given for them living in rotation.

Does the fact that a couple separate their finances stop them being cohabitees for inheritance purposes?

Not necessarily, if they live together. They did not have to share all their property to retain their inheritance rights. Each case is decided on its merits.

Is there a way of preventing a cohabitee having inheritance rights in one's estate?

Yes – one can make a will which effectively does this, and leaves one's estate to others. Another possibility is a property relations agreement or living together agreement which relates to the situation where they are still cohabiting when one of them dies. This could specifically state that the surviving cohabitee would have no rights, or it could define what they would be.

What happens if a couple get divorced, and then live together again without marrying , and one of them dies?

For inheritance purposes, they are regarded as a married couple, and the surviving spouse has inherits as if he/she was married to the deceased, according to law.

Will a finding by a rabbinical court that a cohabitee is not entitled to inherit under Jewish law likely to prevent the surviving cohabitee gaining a part of the deceased's inheritance?

No! The surviving cohabitee can still file for his/her share at the family court, according to the Inheritance Act of 1965.

Because the Hebrew term for cohabitee literally means a spouse who is known in public, does he/she have to prove that everyone knew his/her status, to be entitled to inherit?

No! What the cohabitee must prove is that he/she and the deceased lived a ‘family life’ together up until the deceased's demise , in a common household and that when the deceased died neither of them was married to anyone else.

Are common-law spouses of the same sex entitled to the same inheritance rights as heterosexual couples?

Yes – it has now been held that the Inheritance Law of 1965 should be interpreted to apply to same-sex couples as well as to heterosexual couples, so that a homosexual or lesbian cohabitee will have inheritance rights vis a vis a surviving cohabitee of the same sex.

Will couples who live together but who are not legally able to marry have inheritance rights vis a vis one another?

In certain circumstances, yes, providing that neither of them is married to someone else. For example, under Jewish law a man who is from the priestly tribe of Cohen cannot marry a divorcee or convert. If, however, they live together, they will both have inheritance rights as cohabitees regarding one another.

Is any particular formal act required to end cohabitation between a couple and for them to lose their inheritance rights vis a vis one another?

Assuming they do not have an agreement regarding this, then no formal act is required to end their relationship and if they are not cohabiting when one of them dies, then that is sufficient for the surviving ‘ex’ cohabitee not to be entitled to inherit.

How will a surviving partner of a union formalized in a civil ceremony abroad realise his/her inheritance rights?

If the marriage is valid and recognised for inheritance purposes, then the surviving spouse will inherit as a married spouse, but if it is not recognised, then he/she can inherit as a common-law spouse.