A divorced couple would be forgiven for thinking that once their assets had been divided upon a divorce, their separate assets are safe from any other further claims from the other. This is generally the case but a recent case – Chekov v. Fryer – has highlighted that there can be an exception where a divorced couple has continued to live together, or resumed living together for two years or more before the death of one of the parties. In this situation, the case has shown that the surviving party can make a claim for assets from the other's estate in their capacity as a cohabitant.
In this blog for Private Client Adviser (www.privateclientadviser.co.uk ) first published on 29 October 2015, Caroline Cook, senior associate in the Private Client team and a specialist in contentious trusts and probate, discusses the Chekov v. Fryer case, what it means for divorced couples in the modern world, and what divorcees can do to try and avoid later problems.
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