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Partner died without a will.

(11 Posts)
ukulelelady Thu 11-Oct-12 18:39:17

Our baby son has inherited everything, including our half built house. Can I take out a mortgage to finish building our house? My partner didn't take a mortgage. I will ask our solicitor but was wondering if anyone could be of help in the meantime. Thanks.

lisaro Thu 11-Oct-12 18:45:27

How on earth do you think you'll get an answer on here! See a solicitor.

lisaro Thu 11-Oct-12 18:46:12

Oops sounded grumpy - wasn't. Far too many variables, though to answer.

VivaLeBeaver Thu 11-Oct-12 18:48:03

I have no idea but I'm sorry about your loss.

ParsingFancy Thu 11-Oct-12 18:53:12

So sorry about your loss, ukelelelady.

Hope you can get some thorough advice from your solicitor, and maybe a bit of orientation from kind legal MNers.

VivaLeBeaver Thu 11-Oct-12 18:58:33

Found this on the following website;

www.sleeblackwell.co.uk/blogs/intestacy-rules-questions-and-answers.html

We are not married but have lived together for 10 years and have young children. Do we need wills?

Yes, you should definitely both make a will. The Rules of Intestacy do not provide for cohabiting partners. So, if your partner dies before you then his estate will go to his next of kin, ie the children and you wont be entitled to a penny. If you both make a will you can decide who to leave your estate to and also appoint guardians for your children.

The Intestacy Rules fail to make adequate financial provision for me. Is there anything I can do?

Possibly. If you are a spouse, a cohabitee, a child or someone who was supported by the deceased then you may be able to make a claim under the Inheritance (Provision for Family and Dependents) Act 1975. But don’t delay, you only have 6 months from the Grant to make a claim.

ukulelelady Thu 11-Oct-12 19:25:30

Thank you. I will be seeing a solicitor on Monday lisaro, obviously I'm not going to jump up and down in the bank saying " but it says on mumsnet I could/nt!!" I was just hoping there was a mumsnetter that had experience in legal issues that would know the answer and therefor help me sleep, so much stuff to deal with right now but I'm seeing a solicitor next week anyway. Thanks viva, I'll check out the link.

Rangirl Thu 11-Oct-12 20:01:31

Just to say if anyone in similar circumstances is in Scotland unmarried partners have more rights

Rangirl Thu 11-Oct-12 20:06:26

Normally to take out a mortgage you need to have ownership of the house Do you own a half share ? Otherwise technically the mortgage would have to be taken out on behalf of your son ,has a guardian been appointed I have seen mortgages taken out by trustees on behalf of minors but it would depend on all the circumstances and whether you could find a lender who would lend You really need specialist legal advice

ivykaty44 Thu 11-Oct-12 22:50:45

The Intestacy Rules fail

that was what I was thinking about - I remember a very old solicitor telling me about a family where a will had been made but it left the wife out and the rest of the family that had been dependent on him, so things where sorted somehow to make sure the wife had enough money to make ends meet.

sorry for your lose and hope you can get things sorted

olgaga Thu 11-Oct-12 23:14:20

Sorry for your loss OP. You might find this useful reading in advance of seeing a solicitor:

www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802

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