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babsie | 13:45 Thu 19th Mar 2009 | Law
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what are the chances of a mistress claiming maintenance from her deceased benefactors estate?
especially if she can prove that he was maintaining her financially.
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There have been successful cases in the past. Can you give a few more details?
I have never heard of a case like that. However, it depends where you are from i.e scotland or england etc as the laws in each country vary. i know that in Scotland only a spouse can claim rights (sucession (scotland) act 1964 and cohabitants may make an application to the court for a payment from deceased's estate (s29 family (scotland) act 2006 but any payment is only at the courts discretion and given that it was his mistress, it seems unlikely that they lived together as if they were husband and wife. so based on the succession in scots law, no, but perhaps it is slightly varied in england.
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barmaid, not too much to tell other than he resides in england, I reside in New york, he has been assisting me financially for the last 5 years. We have been friends for 25 years..Could you cite other successful cases for me..I know mine is unusual however, I am a british citizen... I am aware that any claim would have to be made within 6 months as a dependant as opposed to family....

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