(778)  COHABITATION SUCCESSION CASE DECISION: NO JURISDICTION!

The case in Stirling Sheriff Court about cohabitants’ succession rights under the Family Law (Scotland) Act 2006 (see Nos 739, 764) ended in a no-scoring draw when Sheriff Thomas Ward decided on 28 March 2008 that the late Mr James King had never been habitually resident in the sheriffdom or domiciled in Scotland, meaning that he (the sheriff) had no jurisdiction to decide the question in issue between the parties (see http://www.scotcourts.gov.uk/opinions/A919_06.html).  Sheriff Ward did however say the following on the question of whether Mr King and the pursuer Tatiana Chebotarava had been cohabitants prior to the former’s death:

Although I do not believe that the Pursuer and the deceased ever lived together at 40 Maurice Avenue