Death and legal family formats in Iceland

by Hrefna Friðriksdóttir 1

The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples
Edited by Kees Waaldijk,2 Marie Digoix,3 Natalie Nikolina,2 Giuseppe Zago,2 Daniel Damonzé,2 Arianna Caporali,3 Kamel Nait Abdellah 3
Published by INED, Paris, 2017, www.LawsAndFamilies.eu
Based on the LawsAndFamilies questionnaire on legal family formats for same-sex and/or different-sex couples (Section 6 – Death)

© 2017 Hrefna Friðriksdóttir

1 2 3
Professor Hrefna Friðriksdóttir Grotius Centre for International Institut national d’études Recommended citation:
(University of Iceland) is grateful for Legal Studies, Leiden University, démographiques, Paris, France, H. Friðriksdóttir, ‘Death and legal
the useful comments that Erna Netherlands, www.leiden.edu. www.ined.fr. family formats in Iceland’,
Kristín Blöndal (PhD student at the in: K. Waaldijk et al. (eds.),
University of Iceland) made on an The LawsAndFamilies Database –
earlier version of the answers in this Aspects of legal family formats for
section of the database. same-sex and different-sex couples,
Paris: INED, 2017,
www.LawsAndFamilies.eu (question
6.x).
Acknowledgment a legal expert for the jurisdiction concerned) to the questions in one of these
The research leading to these results has received funding from the European six sections. All these papers can be found in open access at
Union's Seventh Framework Programme (FP7/2007-2013) under grant www.LawsAndFamilies.eu. There the user also has access to the interactive
agreement no. 320116 for the research project FamiliesAndSocieties, part of the LawsAndFamilies Database, which can be used to search the whole
www.familiesandsocieties.eu. database and to create comparative overviews for different questions,
different years, different countries and/or different legal family formats.
This website also contains references to publications analysing the results of
the project, and to some other legal, sociological and statistical publications
about same-sex and different-sex families. And it gives information about the
methodology used for this questionnaire and database.

About the questionnaire

Disclaimer The full text of the questionnaire can be found in the paper:
This paper and this database contain information with a scientific aim. K. Waaldijk, J.M. Lorenzo Villaverde, N. Nikolina & G. Zago,
Nothing in this paper and in this database should be seen as legal advice. Not ‘The LawsAndFamilies questionnaire on legal family formats for same-sex
all nuances and exceptions are included, and there may be errors and further and/or different-sex couples: Text of the questions and of the accompanying
legal developments. The experts, the authors, the editors, the Institut guidance document’, FamiliesAndSocieties Working Paper 64(2016),
national d’études démographiques and Leiden University cannot be held www.familiesandsocieties.eu.
liable for any inaccurate or incomplete information in this paper or in this
The Guidance document contained in that paper, asked the experts answering
database. More particularly, they cannot be held liable for any damage or
the questionnaire to make several assumptions. These included the
consequences from the direct or indirect use of contents of this paper or
assumption that the partners have been living together as a couple already
database.
for at least two years. Plus the assumption (except for certain questions in
The six sections of the questionnaire Section 4 – Migration) that both partners have the citizenship of the country
The interactive LawsAndFamilies Database is based on the LawsAndFamilies where they are now both lawfully and habitually residing, and that this is also
questionnaire, which consists of six sections: the country where their relationship would have been formalised and where
it would be dissolved.
Section 1 – Formalisation
Section 2 – Income and troubles About the answers
This paper contains the answers, references and explanations – for one
Section 3 – Parenting jurisdiction – to all questions in one of the six sections of the questionnaire.
Section 4 – Migration The answers are presented in columns. Each column is a coloured timeline,
representing legal developments for one question for one legal family format.
Section 5 – Splitting up
The year at the top of each coloured timeline is the most recent year for
Section 6 – Death which a question was answered by the author. In the timelines the years
given above and below an answer indicate that the answer applied between
Papers and an interactive database
a certain day in the lower year and a certain day in the higher year. The year
For each jurisdiction there are therefore six papers like this one. And each of
"0000" means that the answer applied since an unknown year before 1965.
these papers contains the full answers, references and explanations (given by
See further the Guidance document.

2
The following answer codes and colours have been used: The six papers about Iceland
The answers concerning Iceland can be found in the interactive database and
Yes, this is so in the law of this country/jurisdiction, in the following six papers (all of which are published in open access in:
Yes although possibly with a qualifying period of 24 months K. Waaldijk et al. (eds.), The LawsAndFamilies Database – Aspects of legal
or less. family formats for same-sex and different-sex couples, Paris: INED, 2017,
www.LawsAndFamilies.eu):
Yes, but with exceptions or restrictions, for example a
qualifying period of 25 months or more, or only in most Formalisation of legal family formats in Iceland
Yes, but by Hrefna Friðriksdóttir (Section 1)
parts of the country/jurisdiction, or this is mostly a
“dead letter”. Income, troubles and legal family formats in Iceland
No, but it may be so exceptionally, or in a very limited by Hrefna Friðriksdóttir (Section 2)
way, or in a few parts of the country/jurisdiction, or Parenting and legal family formats in Iceland
No, but
indirectly, or by using a different legal instrument, or by Hrefna Friðriksdóttir (Section 3)
legislation says no while some courts might say yes.
Migration and legal family formats in Iceland
No No, this is not so in the law of this country/jurisdiction. by Erna Kristín Blöndal (Section 4)

Doubt The law is unclear (the law does not “know” the answer). Splitting up and legal family formats in Iceland
by Hrefna Friðriksdóttir (Section 5)
? No information was available.
Death and legal family formats in Iceland
Not applicable (for example because this family format by Hrefna Friðriksdóttir (Section 6)
N/A is not available in this jurisdiction, or not for same-sex
or different-sex couples). So this paper about Iceland is based on Section 6 (Death) of
the LawsAndFamilies questionnaire, which contains questions about the
X This question was not asked for this legal family format. following topics:
Open question Question without answer codes like Yes and No.
6.1 Tenancy continuation
Empty cell For this year the question was not asked or not answered. 6.2 Property at death
6.3 Inheritance
6.4 Inheritance tax
6.5 Survivor’s pension
6.6 Wrongful death
6.7 General background regarding death

3
In the following pages of this paper, first the answer to question 6.7 is presented, followed by the answers to questions 6.1 to 6.6.

6.07 - General background regarding death (Open question) –

If you consider it useful to provide some general information or
comments about (past, present or future) developments and
trends in legal policy and case law in your country/jurisdiction,
or information on other aspects (socio-legal, political, legal-
cultural, etc.) that may be relevant for the understanding your
answers above regarding death, then please do so here.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
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Jurisdiction: Iceland

Source: H. Friðriksdóttir, "Death and legal family formats in Iceland". In: K. Waaldijk et al. (eds.), The LawsAndFamilies Database – Aspects of legal family
formats for same-sex and different-sex couples. Paris: INED, 2017, www.LawsAndFamilies.eu, LawsAndFamilies-IS-Section6.pdf (please use this full citation
when citing any information from this table).

Section: 6 - Death

Question: 6.01 - Tenancy continuation

When the partner who holds the rental contract dies, does the other partner then have a right to continue to rent the home?

Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

2015 2015 2015 2015 2015 2015

Yes Yes N/A Yes Yes Yes
0000 2010 0000 2010 1994 2006

N/A Yes ? ?
0000 1996 0000 0000

N/A
0000

References to legal sources: References to legal sources: References to legal sources:

Art. 45 of the Rent Act no. 36/1994. Art. 45 of the Rent Act no. 36/1994. Art. 45 of the Rent Act no. 36/1994.

Art. 141 of the Marriage Act no. 31/1993, as

amended by law no. 65/2010, in force from 27 June
2010 introducing marriage equality.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
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Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

Explanations and nuances: Explanations and nuances: Explanations and nuances:

If a tenant dies before the end of the rental The Icelandic Registered Partnership Act no. Art. 45 of the Rent Act also applies to family
period, the tenant’s surviving spouse shall be 87/1996 came into effect on 27 June 1996, allowing members who were members of the tenant’s
permitted to take over the lease with its rights and same-sex partners to register their partnership household at the time of his death. There are no
obligations unless the landlord presents valid with the same effects regarding dissolution as for legal precedents as to how this would have
reasons why they should not do this. marriage. This Act was repealed by law no. applied to different-sex cohabitants before that
65/2010 which introduced marriage equality, in time.
force from 27 June 2010. Since the Registered
partnership Act no. 87/1996 was repealed it is Same-sex cohabitation was effectively introduced
impossible to enter into a registered partnership. by law no. 65/2006, in force from 27 June 2006.
According to art. 141 of the Marriage Act no. Before that there was some doubt as to whether
31/1993, as amended by law no. 65/2010, it is art. 45 could apply to same sex partners.
possible for already registered partners to change
their partnership into marriage. This does not
happen automatically and registered partners are
not obliged to do this. According to art.141(3)
registered partnerships established under Act no.
87/1996 have the same legal consequence as
marriages. The provisions in the Rent Act on
spouses therefore also applies to registered
partners.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
Aspects of legal family formats for same-sex and different-sex couples Downloaded on 2017-01-19

Jurisdiction: Iceland

Source: H. Friðriksdóttir, "Death and legal family formats in Iceland". In: K. Waaldijk et al. (eds.), The LawsAndFamilies Database – Aspects of legal family
formats for same-sex and different-sex couples. Paris: INED, 2017, www.LawsAndFamilies.eu, LawsAndFamilies-IS-Section6.pdf (please use this full citation
when citing any information from this table).

Section: 6 - Death

Question: 6.02 - Property at death

When one partner dies, do statutory rules consider as joint property any possessions acquired by either of them after they started this type of relationship?
(In other words: would the surviving partner be deemed to own 50% of these possessions, while the other 50% are subject to relevant rules of inheritance law?)

Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

2015 2015 2015 2015 2015 2015

No, but No, but N/A No, but No, but No
0000 2010 0000 2010 1981 2006

N/A No, but No No

0000 1996 0000 0000

N/A
0000

References to legal sources: References to legal sources: References to legal sources:

Chapter VIII and art. 103 of the Marriage Act no. Chapter VIII and art. 103 of the Marriage Act no. There are no laws on cohabitation.
31/1993. 31/1993.

Act on Estate Execution no. 20/1991. Act on Estate Execution no. 20/1991.

Art. 141 of the Marriage Act, as amended by law

no. 65/2010, in force from 27 June 2010.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
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Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

Explanations and nuances: Explanations and nuances: Explanations and nuances:

The property of a spouse, acquired before or The Icelandic Registered Partnership Act no. Each cohabiting partner is first and foremost
during a marriage, can be either his/her 87/1996 came into effect on 27 June 1996, considered the owner of all property he/she
matrimonial property or separate property. In the allowing same-sex partners to register their acquires during the cohabitation. It is possible to
absence of a marriage settlement, or specific partnership with the same effects regarding acknowledge joint ownership if the other partner
provisions to the contrary, the property of a dissolution as for marriage. This Act was repealed is found to have contributed directly or indirectly
spouse shall become his or her matrimonial by law no. 65/2010 which introduced marriage to the acquisition of said property. Leading
property. "No but" because it has to be mentioned equality, in force from 27 June 2010. Since the principle is Supreme Court Judgement of 4
that even though property is not considered joint, Registered Partnership Act no. 87/1996 was February 1981, H. 1981:128.
a general principle of division by half applies when repealed it is impossible to enter into a registered
one partner dies. According to art. 103 each of the partnership. According to art. 141 of the Marriage Cohabitation has evolved since before and around
spouses has a claim to one half of the net Act no. 31/1993, as amended by law no. 65/2010, the middle of the 20th century, gradually
matrimonial property of the other, provided other it is possible for already registered partners to attaching legal rights and obligations to some
statute provisions do not lead to a different change their partnership into marriage. forms of non marital cohabitation. Until 2006 such
arrangement. legal provisions in general only applied to
This does not happen automatically and different-sex partners, with a few exception. Law
registered partners are not obliged to do this. no. 65/2006, in force from 27 June 2006,
According to art.141(3) registered partnerships amending numerous laws, effectively introduced
established under Act no. 87/1996 have the same cohabitation equality as the general rule.
legal consequence as marriages.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
Aspects of legal family formats for same-sex and different-sex couples Downloaded on 2017-01-19

Jurisdiction: Iceland

Source: H. Friðriksdóttir, "Death and legal family formats in Iceland". In: K. Waaldijk et al. (eds.), The LawsAndFamilies Database – Aspects of legal family
formats for same-sex and different-sex couples. Paris: INED, 2017, www.LawsAndFamilies.eu, LawsAndFamilies-IS-Section6.pdf (please use this full citation
when citing any information from this table).

Section: 6 - Death

Question: 6.03 - Inheritance

When one partner dies without testament, is the other partner then an inheritor?

Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

2015 2015 2015 2015 2015 2015

Yes Yes N/A Yes No No
0000 2010 0000 2010 0000 2006

N/A Yes No
0000 1996 0000

N/A
0000

References to legal sources: References to legal sources: References to legal sources:

Art. 2 and 3 of the Inheritance Act no. 8/1962. Art. 2 and 3 of the Inheritance Act no. 8/1962. See No law.
also 6.02.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
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Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

Explanations and nuances: Explanations and nuances: Explanations and nuances:

The spouse of a deceased person inherits one See explanations for questions 6.02. There are no statutory rules on inheritance for
third of the estate left by the deceased if the cohabitants.
deceased is survived by children. If a deceased
person does not leave any surviving descendants,
his or her spouse inherits the entire estate.

10
The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
Aspects of legal family formats for same-sex and different-sex couples Downloaded on 2017-01-19

Jurisdiction: Iceland

Source: H. Friðriksdóttir, "Death and legal family formats in Iceland". In: K. Waaldijk et al. (eds.), The LawsAndFamilies Database – Aspects of legal family
formats for same-sex and different-sex couples. Paris: INED, 2017, www.LawsAndFamilies.eu, LawsAndFamilies-IS-Section6.pdf (please use this full citation
when citing any information from this table).

Section: 6 - Death

Question: 6.04 - Inheritance tax

Is the surviving partner exempted from paying inheritance tax (or required to pay less than a mere friend would have to pay)?

Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

2015 2015 2015 2015 2015 2015

Yes Yes N/A Yes Yes, but Yes, but
1984 2010 0000 2010 1984 2006

No N/A Yes No ?
0000 0000 1996 0000 1984

N/A No
0000 0000

References to legal sources: References to legal sources: References to legal sources:

Art. 2 of the Inheritance Tax Act no. 14/2004, in Art. 2 of the Inheritance Tax Act no. 14/2004, in Art. 2 of the Inheritance Tax Act no. 14/2004, in
force from 1 April 2004. force from 1 April 2004. force from 1 April 2004.

Art. 141 of the Marriage Act, as amended by law

no. 65/2010, in force from 27 June 2010.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
Aspects of legal family formats for same-sex and different-sex couples Downloaded on 2017-01-19

Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

Explanations and nuances: Explanations and nuances: Explanations and nuances:

Inheritance tax exemption for spouses was Provisions relating to spouses apply directly to Yes but because a cohabiting partner is only
introduced by law no. 83/1984, replaced by the registered partners. exempt from paying inheritance tax if he/she
current law from 2004. inherits in accordance with a testament where the
deceased partner clearly names the other as a
cohabiting partner.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
Aspects of legal family formats for same-sex and different-sex couples Downloaded on 2017-01-19

Jurisdiction: Iceland

Source: H. Friðriksdóttir, "Death and legal family formats in Iceland". In: K. Waaldijk et al. (eds.), The LawsAndFamilies Database – Aspects of legal family
formats for same-sex and different-sex couples. Paris: INED, 2017, www.LawsAndFamilies.eu, LawsAndFamilies-IS-Section6.pdf (please use this full citation
when citing any information from this table).

Section: 6 - Death

Question: 6.05 - Survivor’s pension

When one partner dies while being employed, is the surviving partner then normally entitled to a survivor’s pension?
(For example on the basis of statutory law, and/or on the basis of a collective labour agreement or arrangements of the employer.)

Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

2015 2015 2015 2015 2015 2015

Yes Yes N/A Yes Yes, but Yes, but
0000 2010 0000 2010 0000 2006

N/A Yes No
0000 1996 0000

N/A
0000

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
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Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

References to legal sources: References to legal sources: References to legal sources:

Art. 6 of the Social Assistance Act no. 99/2007, in Art 6 of the Social Assistance Act no. 99/2007, in Art. 6 of the Social Assistance Act no. 99/2007, in
force from 30 May 2007. force from 30 May 2007. force from 30 May 2007.

Art. 11 and 16 of the Act on Mandatory Pension Art 11 and 16 of the Act on Mandatory Pension Art. 2 of the Regulation on Death Compensation
Insurance and on the Activities of Pension Funds Insurance and on the Activities of Pension Funds no. 179/2003.
no. 129/1997, in force from 1 July 1998. no. 129/1997, in force from 1 July 1998.
Art 16(3) of the Act on Mandatory Pension
Art. 141 of the Marriage Act no. 31/1993, as Insurance and on the Activities of Pension Funds
amended by law no. 65/2010, in force from 27 no. 129/1997, in force from 1 July 1998.
June 2010 introducing marriage equality.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
Aspects of legal family formats for same-sex and different-sex couples Downloaded on 2017-01-19

Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

Explanations and nuances: Explanations and nuances: Explanations and nuances:

According to the Social Assistance Act a surviving Provisions relating to spouses apply directly to "Yes but" because of special requirements.
spouse can be entitled to a special grant payable registered partners. According to art. 2 of regulation no. 179/2003 art.
for six months following a partner's death. 6 of the Social Assistance Act is applicable to
cohabitants if they have lived together as
Numerous laws on pension funds have existed registered cohabitants (with Registers Iceland) for
since before and around the middle of the last at least one year before death, or if the
century, allowing for survivor pensions. cohabitation is registered and they have or are
expecting a child together.
Since 1980 all employees and employers or self-
employed persons are obliged to ensure their According to the Act on Mandatory Pension
pension rights through membership in a pension Insurance, a surviving cohabiting partner does not
fund from the age of 16 until the age of 70. receive a part of pension savings as cohabitants
Membership in a pension fund and payment of are not heirs in accordance with the Inheritance
pension contributions are prescribed in collective Act. A surviving cohabiting partner is entitled to a
bargaining agreements, taking due account of regular pension the same as a spouse, if the
minimum terms stipulated in the Act on cohabitants lived together at a common domicile,
Mandatory Pension Insurance. Contributions can had or where expecting a child together or if the
cover both minimum insurance coverage and cohabitation had been continuous for at least two
individual pension savings. In the event that a years.
beneficiary dies before the individual pensions
savings are fully paid out, they are divided among
his heirs in accordance with the rules of the
Inheritance Act (see question 6.03). A pension fund
shall also pay a pension to the spouse of a
deceased fund member, meeting certain
requirements, for a period no shorter than 24
months.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
Aspects of legal family formats for same-sex and different-sex couples Downloaded on 2017-01-19

Jurisdiction: Iceland

Source: H. Friðriksdóttir, "Death and legal family formats in Iceland". In: K. Waaldijk et al. (eds.), The LawsAndFamilies Database – Aspects of legal family
formats for same-sex and different-sex couples. Paris: INED, 2017, www.LawsAndFamilies.eu, LawsAndFamilies-IS-Section6.pdf (please use this full citation
when citing any information from this table).

Section: 6 - Death

Question: 6.06 - Wrongful death

In case of wrongful death of one partner, is the other partner then entitled to compensation from the wrongdoer?

Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

2015 2015 2015 2015 2015 2015

Yes Yes N/A Yes Yes Yes
0000 2010 0000 2010 1993 2006

N/A Yes ? ?
0000 1996 0000 0000

N/A
0000

References to legal sources: References to legal sources: References to legal sources:

Art. 12, 13 and 26 of the Tort Act no. 50/1993, as Art. 12, 13 and 26 of the Tort Act no. 50/1993. Art. 12, 13 and 26 of the Tort Act no. 50/1993.
amended by law no. 37/1999, in force from 1 May
1999. Art. 141 of the Marriage Act no. 31/1993, as
amended by law no. 65/2010, in force from 27
June 2010 introducing marriage equality.

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The LawsAndFamilies Database http://lawsandfamilies-database.site.ined.fr/en/legal-project/interactive-database/
Aspects of legal family formats for same-sex and different-sex couples Downloaded on 2017-01-19

Marriage Registered partnership Cohabitation

diff.-sex same-sex diff.-sex same-sex diff.-sex same-sex

Explanations and nuances: Explanations and nuances: Explanations and nuances:

In case of wrongful death of a spouse the Provisions relating to spouses apply directly to There is no general law on cohabitants. Legal
wrongdoer shall pay funeral costs, pay the other registered partners. protection for cohabitants has been evolving since
spouse for loss of support and pay damages for around the middle of the last century but there
non-material damage. are no explicit legal precedents on this issue until
the Tort Act came into force.

Provisions relating to spouses in the Tort Act also

apply to cohabiting different-sex partners without
further qualifications or requirements.

Cohabitation equality was effectively introduced in

2006 but before that courts could under special
circumstances order wrongdoer to pay damages
to others who were close to the deceased. No
legal precedents exists for same-sex cohabitants.

17