We are acting for a client in a claim by a cohabitee under the Inheritance Act. She is the co-owner of a property which was held as beneficial tenants in common in equal shares with the Deceased.
During the Deceased’s lifetime, he installed solar panels on the property which he bought outright in his sole name. The feed in tariff is being paid to the cohabiting partner as the energy bill payer, but the Deceased’s estate is arguing that this income should be payable to the estate by virtue of the Deceased owning the solar panels in his name.
This will have an inevitable impact on the factors considered by the court pursuant to s3 of the 1975 Act e.g. financial circumstances of the cohabiting partner and size and nature of the estate. Furthermore, the cohabiting partner is, by way of settlement, seeking a life interest over the Deceased’s beneficial half-share and the “outgoings” on the property will need to be considered when drafting a Deed of Variation creating the life interest.
In essence, who is entitled to the income generated from the solar panels? Does anyone know the legal position on this or come across a similar scenario? Any help will be gratefully appreciated.
Natalie Sheldon
Keebles LLP