Cohabitant of less than two years: claiming under the 1975 Act as a person being maintained

The cohabitant category in s.1(1)(ba) of the 1975 Act applies only where, during the whole of the two years ending immediately before the death, the applicant lived in the same household as the deceased as if they were a married couple or civil partners (s.1(1A)). Lorraine lived with Mateus for 18 months, so she does not qualify under that head. She may, however, apply under s.1(1)(e) as a person who immediately before the death was being maintained, wholly or partly, by the deceased. Under s.1(3), that requires the deceased to have been making a substantial contribution in money or money's worth towards her reasonable needs, other than for full valuable consideration under a commercial arrangement. Mateus paid the mortgage and all household bills while Lorraine contributed nothing commercially, so this appears satisfied. For any applicant other than a spouse or civil partner, 'reasonable financial provision' means what is reasonable for the applicant's maintenance (s.1(2)(b)).

Why A is wrong: Lorraine fails the two-year requirement in s.1(1A), and even qualifying cohabitants receive only the maintenance standard, not the spouse standard.

Why B is wrong: Failing the cohabitant category does not bar a claim under the separate dependant category in s.1(1)(e).

Why D is wrong: Section 1(1A) requires the whole of the two years immediately before the death; 18 months is not enough.

Why E is wrong: Mateus left a valid will disposing of his whole estate, and in any case cohabitants have no entitlement on intestacy; his will was not revoked by cohabitation.