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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Partner died, not married and no will

59 replies

Quickchange2022 · 23/01/2022 22:05

This ISN'T me. I'm asking for a friend.

A is in a relationship with B. A bought a house outright 2 years ago for them both. House and furnishings chosen jointly but funded by A.

A and B decided to get married to tie up the legalities. This was a long term and committed partnership with plans to retire in next five years and travel together. Wedding booked for next month. A in the process of assessing pension values and making a will. But not completed either.

A died before Christmas, within a few days of being diagnosed with a terminal illness. B obviously distraught.

Next of kin is A's sibling. Lives at opposite end of UK. Not a close relationship. In fact A didnt like her. This is not hearsay, most of As friends knew this.

Sibling has come in and taken over. Removed everything from the house with any value (which A always said she would). B has lost life partner and seems will lose home and contents too.

Anyone been in this position or have experience. B is going to seek legal advice but is it a waste of time and effort in an already stressful time? Is B just screwed and soon to be homeless? A is worth a lot - probably £800k including house value. B doesn't want a penny, just the home.

Thoughts mumsnet hive mind??

OP posts:
Original poster
Quickchange2022 · 23/01/2022 22:06

I have name changed for this thread but have been a member since DS was born in 2008.

OP posts:
Porfre · 23/01/2022 22:07

B need s
To talk to a Solicitor but it doesnt look good from where I can see.

One thing to check is on the house whether A and B were joint tenants or not

HasaDigaEebowai · 23/01/2022 22:09

Rules of intestate will apply I’m afraid and assuming no closer relatives the sister probably is therefore the beneficiary. Everything will go to her.

endofthelinefinally · 23/01/2022 22:09

If unmarried, partner has no rights, unless there is solid evidence of any financial contribution to property or assets.
No will means everything goes to the legal next of kin.

Sarahlou63 · 23/01/2022 22:10

Sadly I don't think B has any rights. She could maybe try to talk to A's sister and appeal to her better nature but, from what you've posted, all the assets were in A's name/paid for by him and therefore will pass to his next of kin.

Aquamarine1029 · 23/01/2022 22:11

B is screwed. What an absolute shame that A did not ensure how their estate would be passed along.

HasaDigaEebowai · 23/01/2022 22:13

Rules of intestate will apply

Typo ‘intestacy’

delilahbucket · 23/01/2022 22:15

As unmarried partners, where one party owns the house, your friend will get nothing without a will. If they can prove regular contribution towards the house that may just swing it a bit, but they will need a solicitor and that is going to cost.
I just can't understand why people do this to their "partners". Before me and DH got married we owned the house jointly and had life insurance that went to the other to clear the mortgage so at least if anything happened, neither of us would lose our home.

Original poster
Quickchange2022 · 23/01/2022 22:16

Thank you, seems it's as I thought. And sadly it doesn't appear sibling has a "better nature" Sad

(A is actually female and B is male.)

OP posts:
OperationRinka · 23/01/2022 22:18

Death in service benefits and pension don't necessarily pass through the estate and follow the rules of intestacy. A should have made a nomination for both pension and death in service, but even if he didn't, or he nominated his late parents many years ago, the trustees often have discretion. This may be B's best chance.

Why the hell didn't A make a will immediately after diagnosis? This was all 100% predictable from that moment?

Original poster
Quickchange2022 · 23/01/2022 22:19

@delilahbucket

As unmarried partners, where one party owns the house, your friend will get nothing without a will. If they can prove regular contribution towards the house that may just swing it a bit, but they will need a solicitor and that is going to cost. I just can't understand why people do this to their "partners". Before me and DH got married we owned the house jointly and had life insurance that went to the other to clear the mortgage so at least if anything happened, neither of us would lose our home.
They were mid way through sorting it all but A was taken into hospital at the weekend, diagnosed with a curable illness on the Tuesday, then a terminal illness on the Thursday and died on the Friday. It was all very quick and unexpected. As always I guess. Xmas Wink
OP posts:
Original poster
Quickchange2022 · 23/01/2022 22:22

@OperationRinka

Death in service benefits and pension don't necessarily pass through the estate and follow the rules of intestacy. A should have made a nomination for both pension and death in service, but even if he didn't, or he nominated his late parents many years ago, the trustees often have discretion. This may be B's best chance.

Why the hell didn't A make a will immediately after diagnosis? This was all 100% predictable from that moment?

Thank you - that's a grain of hope that we did discuss today.

Sadly by the time it was a terminal diagnosis, A was already in ICU and ventilated. It's very shit and a hard way to learn a lesson.

OP posts:
OperationRinka · 23/01/2022 22:22

Oh OK, one day's notice really is pushing it to make a will. Not impossible, but I can see why you might struggle in that time span.

ProudThrilledHappy · 23/01/2022 22:25

I an not in any way a legal professional but I did read about the mistresses of the late Marquess of Bath suing his estate as they were financially supported by him and therefore MAY be entitled to further support despite not being in his will. Maybe a real legal person knows what relevant act this relates to and whether it could apply here?

Viviennemary · 23/01/2022 22:27

I doubt your friend will get the house. They are not even a relative. They might get something if they can prove they were financially dependent on the person who has died. Also if the deceased person made their intentions clear to a lawyer there might be some hope but its flimsy.

EmmaH2022 · 23/01/2022 22:34

OP "Wedding booked for next month. A in the process of assessing pension values and making a will. But not completed either."

Is there evidence of enquiries around the pension? Was a solicitor instructed about the will? I'm thinking that if yes, along with a booked wedding, there might be some hope?

I'm sorry you lost a friend Flowers

Lochroy · 23/01/2022 22:39

Well I can offer about as much expertise as seemingly most other people on this thread so I will. When my NDN was widowed without a will, her husband had been having a not very secret affair for some years. The girlfriend went to court to claim on the estate and was awarded 25%, with NDN receiving 75%.

I would strongly advise B to see a solicitor.

Crimesean · 23/01/2022 22:40

Do NOT take advice from random people on the Internet - get a solicitor. It might make a difference that the wedding was booked, as that demonstrates an intention to wed.

DameCelia · 23/01/2022 22:45

Given that this is posted in 'Legal Matters' it is quite staggering how many people have turned up to type their opinions (many irrelevant), and @ProudThrilledHappy has done so starting out with the fact that they are in no way a legal professional Shock
The whole point of this bit of MN is that actual real, qualified, experienced lawyers very kindly help out with advice.

Original poster
Quickchange2022 · 23/01/2022 22:46

B is seeing a solicitor this week, I just thought I'd see if anyone had experienced a similar position.

A had seen a financial advisor about retiring but obviously he can't tell B anything due to data protection. But a solicitor could potentially contact him and get an idea of what was discussed... There is also some email traffic between A and B discussing the wedding, dates etc. It was only going to be a registry office one with two witnesses.

B has nominated A with all pensions but thinks A would probably have done parent (who's died so will now go to sibling) thinking a will or wedding would negate that.

If only B had nipped to Smiths and got a home will pack when A first went into hospital.. hindsight is a wonderful thing (and how many times have I said that in the last few weeks...)

OP posts:
Original poster
Quickchange2022 · 23/01/2022 22:47

@DameCelia

Given that this is posted in 'Legal Matters' it is quite staggering how many people have turned up to type their opinions (many irrelevant), and *@ProudThrilledHappy* has done so starting out with the fact that they are in no way a legal professional Shock The whole point of this bit of MN is that actual real, qualified, experienced lawyers very kindly help out with advice.

I get that totally but I do appreciate the replies and experiences..

OP posts:
EmmaH2022 · 23/01/2022 22:48

Actually, could Citizens Advice be the first option? They might know of similar cases and if it's worth paying for legal advice or not.

Tillyfloss1 · 23/01/2022 22:49

Your friend may (emphasis on may...) have a claim under the Inheritance (provision for family and dependents) act 1975, specifically section 1(1)(e), based on the fact that they were financially maintained by the deceased and lived with them in the two years prior to their death. They need to speak to a solicitor who works in contentious probate as soon as possible.

Original poster
Quickchange2022 · 23/01/2022 22:53

@Tillyfloss1

Your friend may (emphasis on may...) have a claim under the Inheritance (provision for family and dependents) act 1975, specifically section 1(1)(e), based on the fact that they were financially maintained by the deceased and lived with them in the two years prior to their death. They need to speak to a solicitor who works in contentious probate as soon as possible.

Thank you, that's very useful.

OP posts:
goingback · 23/01/2022 23:07

sorry for your loss , it was threads like this that has led us to sort out finances , as we have no intention of marrying . My next of kin also said if i died he would be entitled to half of the house, etc. so DP made sure everything was sorted either way.