Common law spouses entitled to estate after five years... PDF  | Print |
Written by Kwesi Isles   
Thursday, 12 July 2012 22:54

common_lawThe National Assembly has unanimously passed a bill which will see common law spouses benefit from their partners’ estate upon his or her demise once the couple had been living together for no less than five years immediately preceding the death.

The Civil Law (Right of Persons in Common Law Union) Bill, laid in the name of Attorney General (AG) Anil Nandlall, was read for a second and third time before passed without any objections or amendments from the opposition.

“Where a single woman and a single man have lived together in a common law union for not less than five years immediately preceding the death of either one of them, and the person died intestate (without a legal will), the surviving woman or man  shall be entitled to the same power and rights regarding intestate succession as a widow or widower of a surviving wife or husband in the Civil Law of Guyana Act, the Deceased Persons Estates’ Administration Act, or under any other law relating to intestate succession,” the bill states.

The bill also amends the Family and Dependants Provision Act lowering the qualification period from seven years to five years to relate to the common law union.    

Nandlall said the legislation would benefit people throughout the country.

“It has been lauded by the women’s group as a great victory for women and that is indeed true but to confine it only to a victory for women is taking a very myopic view of the impact and ramifications which are going to flow from this bill because men are equally going to benefit and so are the children of those unions,” the AG stated.

He added that the bill completes a legislative network which provides for any eventuality as it relates to common law unions.

The AFC did not make any contribution on the bill while APNU’s James Bond made brief remarks before it went for the final readings. 

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Comments  

 
-7 #1 patricia 2012-07-12 23:29
Fair enough.
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-7 #2 Dunce_man 2012-07-13 04:44
This is news?

This long overdue.

Anil like he really tryin fuh look good.
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-3 #3 Cassava joe 2012-07-13 06:59
Jagdeo escape Anil.....
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0 #4 coreen 2012-07-13 07:59
Someone tell me in a case of a man being married and is not legally seperated from his wife/husband. What will be the the rights of that wife/husband. Thank you for a favourable reply
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0 #5 gogo 2012-07-13 11:10
how will it be known that the couple lived together for five years at least with no legal proof, what happens if they live for only four years and ten months and the wife claims five? This is open to a lot of loopholes.
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-2 #6 pepperpot25 2012-07-14 10:38
Its time for people to stop sshacking up and married, because either partner will get something eventually
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-2 #7 FAIRPLAY 2012-07-14 14:59
Attorney General nor his wife any children so which one goes before is not a matter for them,For me I would have make mandatory for one quarter if the other had not contribute towards building of the assets.

Wrong work Opposition, you guys are sleeping.
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0 #8 George Whiitiker 2012-07-14 19:25
The govt is giving more rights to "live home" heterosexuals. In other words, it is okay to fornicate, as long as you are woman and man.

This is hypocritical!

These religious moralists like to dictate as long as the dictation is along their personal likes. Forget the Bible, they say (or think)...

Oh hyprocrites, sin is sin - whether that be of heterosexual or homosexual sin. So... don't condemn the homosexuals because they prefer to be with each other. If they are two consenting adults, let them live and have rights like all other Guyanese.
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0 #9 Inferno 2012-07-14 21:05
Marriage is updated and has no benefits for males anyway. The wave of pseudo-feminism currently encroaching the Guyanese traditional family and eroding whatever values remain, has reduced marriage to a joke.
Men are only good for their utility. Provide financial and other resources, and to absorb or initiate violence for or on behalf of females.
Women on the other hand are told that Personal responsibility and accountability are not things they should worry about because they are helpless infants and the government has a duty to ensure that all their needs are met. Any failure they encounter is because of male oppression.
With all that bool chit feminist rhetoric out there, marriage is as good as dead.
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0 #10 Rising Edge 2012-07-15 17:28
How come a man cannot decide within 2 years of living with a woman whether he wants to marry her or not?
Women, do not put up with this degrading behavior! Men have to get their act together.
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0 #11 George Whiitiker 2012-07-15 22:40
Sooo... it is okay to "shack up" ("live home"); it is okay to fornicate as long a woman and man are involved!

For those thumping the Bible, AlL extra marital sex is sin - whether that be heterosexual or homosexual. So why no voice is against supporting "live home" couples, yet at the same time condemn homosexuals?

Though I do not condone homosexuality, it is high time Guyana get into the 21st century, and pass laws that do not discriminate against those who wish to cross dress, or to be intimate with each other - even though of the same sex.

The govt. should not mind what consenting adults do, as long as they do not harm society.

Again, we need to ask ourselves... what impact is "living home" couples having on our society - when we question alternative lifestyles.
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