Q: My partner and I were together for twelve years. He had his own business and I gave up my job to help him grow it. I took no income and was reliant on him for financial support. We have no children, but he had a daughter from a previous relationship. In January my partner died suddenly. He never made a Will and now his former partner says I must leave the house, which was in his name, and the business will be closed down. She said his daughter will inherit everything under intestacy law and I have no right to anything because we weren’t married. Can I claim against his estate?
A: All too often we hear about people being left with nothing because their cohabiting partner has died unexpectedly without making a Will.
Unfortunately, contrary to common belief, in England and Wales there is no automatic right to inherit any part of your co-habiting partner’s estate if you were not married to them. Under certain circumstances it is possible to apply to the court for reasonable financial provision from the deceased’s estate by making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. For unmarried partners, the court generally considers what amounts to reasonable financial provision for the claimant’s maintenance, taking into account factors such as financial dependency, living arrangements, contributions made during the relationship and size of the estate.
To bring a claim, you would usually need to show you had lived together as a couple for at least two years immediately prior to your partner’s death, or that you were financially maintained by him. It appears those factors may be relevant in your case.
Claims under the 1975 Act are generally required to be issued within six months from the date of the Grant of Representation, so seeking early legal advice is key.
We cannot stress too much the importance of co-habiting couples making Wills to protect each other, regardless of age.
This question has been answered by Sarah Talbot, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
