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PE1904: Change Scots law to disqualify estranged spouses from making claims on an estate

Petition Summary

Calling on the Scottish Parliament to urge the Scottish Government to define in law the difference between a legally married cohabiting couple and a legally married non-cohabiting couple, for the purposes of ensuring that an estranged spouse cannot inherit their spouse’s assets.

Petitioner: Christina Fisher

Status: Closed

Date published: 23 September 2021

Click here for the full petition

Citizen Participation and Public Petitions Committee Consideration

SPICe Briefing109.4KB pdf posted 29 October 2021

Committee Meetings

1 December 2021: The Committee agreed to write to the Law Society of Scotland, the Family Law Association, the Faculty of Advocates and the Scottish Law Commission. 

Official Report of Meeting 1 December 2021

9 March 2022: The Committee agreed to close the petition under Rule 15.7 of Standing Orders on the basis that the Scottish Government has indicated in its initial submission that it intends to carry out more research into the law on intestate succession. In closing, the Committee agreed to write to the Scottish Government. 

Official Report of Meeting 9 March 2022

Written submissions

PE1904/A: Scottish Government submission of 27 October 2021

PE1904/B: Scottish Law Commission submission of 15 December 2021

PE1904/C: Law Society for Scotland submission of 5 January 2022