The High Court of Justice (TSJ) of Madrid recognises the widow's pension of an Italian homosexual couple after they entered into a civil partnership one month before their death.
The judges do not see any evidence of a marriage of convenience due to the long cohabitation prior to the union, considering it equivalent to marriage.
According to the judgment, the unmarried couple in this case was formally constituted no less than 36 years after they began living together, and two days after the deceased had made a holographic will naming the plaintiff as his universal heir, and died shortly afterwards.
However, the Spanish Social Security denied him the widow's pension because the death occurred only one month after the formalisation of the civil union, and in Spain it is required at least two years earlier. Read more.
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