Bandara: I guess if she was just his girlfriend and they had never sealed it legally by marriage then she must have guessed that she wouldn’t be left anything. But I guess it depends on whether she lived with him, for how long, etc
I had a relative who moved in with a much older man when she was in her early 30s, at first just because the flatshare with her friend had come to an end. But she ended up staying with this man and they grew to love each other, despite the age gap. She gave up her life for him as she was desperate for children but he refused as he already had a grown up son and didn’t want to start again with a young family. Of course she ended up being his nurse when he reached old age and she had had no life at all of her own. Thankfully he realised what she had given up for him and he insisted that they get married when he got older so that she would be provided for upon his death and could keep the house that he had bought just before she moved in with him. So the house became hers upon his death, after about 12 years of them living in it together . I’m not sure how his son felt when his dad died as that time he was just left some shares and a bit of cash but of course the bulk of his estate was in his dad’s house, which my relative was continuing to live in.
My relative continued to live in the house on her own many years longer than her husband had lived in it with her. With property prices increasing so much since the house was bought the estate was worth a lot by the time she died 30 years later. Who, then, at that point, did the house belong to?
She had lived in it a lot longer than her husband who had bought it, however did not sell it to buy her “own” new place that her stepson would have no legal or moral claim in. one could still have looked upon it as her house after all that time though and as such she needn’t really have considered her grown up stepson in her own will at all (they had little to do with each other really, but she was generous with him at birthdays etc) and could have taken the view that he had had money from his father in the form of shares and some cash when he had died many years before. She had also lived very frugally since her husband’s death many years earlier and so any savings of her own or shares she built up since her husband’s death could be considered all her own. She had her own blood relatives who she would have liked to leave some of her estate to (although these weren’t her actual children.). So she worried what to leave to whom. About what was morally right for everyone.
In the end a solicitor advised her to look upon her estate as half belonging to her dead husband and half belonging to her, and so she wrote her will to reflect this. When she died her grown up step son received half and her own blood relatives received half. Her grown up step son received far more than if she had sold the house at the time her husband died and given the stepson a fair share before buying her own house afresh and kind of “wiping the slate clean” in terms of having to consider him at all in her own will.
Seems fair to me but it just shows how many factors there are to consider in step families. Not every case is the same I feel.
Sorry, OP, this has completely veered away from your dilemma. But I do feel that with step families it’s not cut and dried a lot of the time. Your situation also shows this.