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Legal matters

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DD's ex partner has died what can she do?

30 replies

Anonanonandon · 30/07/2024 14:46

This will be long because I do not want to drip feed. DD's ex partner has died. They share a 6 year old DC and a mortgaged house (as tenants in common - this may be relevant). Until he died he was paying CM and half the mortgage.
DD does not know if he left a will (he didn't have one when they were together); he was living with his parents and they will not communicate with DD.
DD and ex had joint life insurance to cover the mortgage but DD is waiting to hear if they will pay out, as his death certificate lists substance abuse as a contributing cause of death (but not the primary cause).
Expartners' parents had gifted ex a substantial deposit, when they bought the house, and DD signed a Deed of Trust promising to pay it back to ex when the house is sold. DD had agreed with ex that she would put the house on the market when (if) the market improves. He was happy with that.
DD has spoken with a solicitor who has advised her that she needs to pay the deposit monies back to exes parents, as they are Tenants in Common, and that their DD is not entitled to anything from the estate.
I can't comment on the deposit money, but the fact the their DD is not entitled to anything seems to contradict everything I have read.
Are there any legal minds out there that can point us in the right direction please?
Thank you for reading.

OP posts:
ForKeenLimeOtter · 31/07/2024 07:12

If the parents had loaned the money with the agreement that they should be repaid then they should be repaid. Even if you think you need the money more that's just morally wrong to keep money that someone else has lent you.

It doesn't matter who needs the money more. If you'd borrowed it from a bank you'd expect to pay it back.

Anonanonandon · 31/07/2024 08:29

The money was a gift to their son not a loan. My understanding is that therefore it was his money not his parents. DD signed a Deed of Trust promising to repay ex; it was her idea to create the Deed.
DD and ex had come to an agreement that the house would be sold and he would be reimbursed but he wasn't in any rush and they were waiting for the market to pick up. His death has complicated this agreement because it is unclear who now owns ex's share of the house - DGC or ex's parents.
DD will repay the money to the estate, when she can sell the house, but the inheritance question need clarification.

OP posts:
Bromptotoo · 31/07/2024 09:32

I think it's pretty clear, unless there is a will leaving it to parents, that it passes to his daughter/your DGC.

If there's a suggestion that the parents might meddle in an estate without title to do so then a caveat needs to be lodged with the Probate Registry.

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