Cohabitation rights on death
In the Supreme Court on 8 February 2017, Lord Kerr awarded Denise Brewster a survivor’s pension on the death of Lenny McMullan, disapplying the requirement for a nomination by Mr McMullan. In Re Brewster for Judicial Review (Northern Ireland) 2017 UKSC 8, Lord Kerr questioned why a nomination process was needed if a cohabitation relationship satisfied tests as to its genuineness and existence at the time of death.
The confirmation of those wishes does not have some intrinsic, undeniable value. Although its purpose was not to permit a scheme member to prevent, for vindictive reasons, his cohabiting partner receiving a survivor’s benefit – on its face it certainly had that potential.
Read the full article, via a PDF in Jordan’s Family Law, here.
