The regulation of cohabitants in Scottish succession law

Ten years ago, cohabitants in Scotland had no statutory rights in respect of their deceased partner’s estate. Section 29 of the Family Law (Scotland) Act 2006 gave cohabitants the right to apply to the court for discretionary provision from their deceased partner’s intestate estate. This thesis examines the process of making such an application and the way that the provisions have been applied in practice. The juxtaposition of the Family Law (Scotland) Act 2006 and the existing rules for intestate succession in the Succession (Scotland) Act 1964 is considered, with particular focus on the subordination of cohabitants’ rights to the succession rights of a surviving spouse, and the negative impact that this may have on children. It is concluded that the current succession framework is incapable of protecting cohabitants and children in reconstituted families. Potential measures are considered to displace the traditional primacy of marital succession rights, and provide a fair and flexible system of succession law that is capable of dealing with complex family structures.

The influence of queer theory on marriage and civil partnership in Scotland

This thesis will explore the whether queer theory has had any real influence on the law on marriage and civil partnership in Scotland. It will do so by examining the work of Michael Foucault and Judith Butler, reviewing both The History of Sexuality Volume One, and Gender Trouble to establish what queer theory has to say on gender and sexuality. Both works expose the artificiality of gender and sexuality, and in doing so, show that marriage and civil partnership are institutions created to support these artificial structures. Marriage and civil partnership are not isolated from the continuing influence of queer discourse on both gender and sexuality; however, as I will show, the influence has been contained largely to opening up privilege, both legally and socially, to those who wish to conform to structures that remain heteronormative and prescriptive.