Unmarried, partner dies, no will, young children - help for friend

[flibertygibet]

Hi all..am writing about friend whose partner recently died. He had no will, they have young children and they were not married. He owned a business but unfortunately it was in an extended family member's name.

There are older step-children involved.

My friend seems to think the extended family will 'look after her' but I am worried about her situation and would like to find out what recourse she has in this situation.

Did they own anything together - like a house/flat - with both names on the deed?

How long were they together?

stepchildren - her children or his?

Did he die suddenly? Asking because if he was ill, he (in theory) had 'time' to make a will.

yes, they own their house together - big mortgage. Not sure about names on the deed. They were together 18 years.

He was ill for a few months, but I'm not sure that they had 'time' to sort out a will as he wasn't expected to die. All that happened very quickly.

The adult step-children are his.

thanks for the quick reply!

Does she know much about his financial affairs - life assurance policies, how much equity in the house vs mortgage owed, pension, savings account, investments, shares, etc.?

Basically - is there anything much there to provide for/sustain her/the children?

Would imagine a share of whatever is there would go to his adult children.

Does she have a good relationship with stepchildren and extended family?

I don't know about his financial affairs and/or what she knows about it.

She has a good relationship with the adult children but not on such good terms with the ex-wife and other family members.

Yes, a share would go to adult children but they have young children together and she'd have to sell her house to give over his share.

Feeling a bit desperate for her. She works part time only and cash reserves are rapidly depleting.

The trouble is mainly his share in the business. It was intendend for him (a family business) but the family never managed to sign it over to him.

How long ago did he die?

She and the adult children should consult a solicitor to find out how to proceed to settle his affairs (maybe all go together so that costs can be shared?). She should also consult on her own to find out how their young children can be provided for (and what they stand to inherit), and where she stands legally.

His share of the family business should be split between his older children and the young children (no idea if she is entitled to a share) - and hopefully legal action will not have to be taken for that to happen.

She should also find out if his adult children can claim a portion of his share of their house.

I have no training, so really cannot say what, if any, legal rights she has. Also, we don't know what (if anything) they owned jointly.

Maybe someone with professional knowledge will see this and post more useful information.

In the meantime, I would think she should compile all business papers - bank statements, pension information, savings accounts, tax returns, mortgage papers, etc. Also look for legal documents regarding the business - perhaps there is something that indicates his role and what was intended?

It is a terrible situation to be grieving and to have an uncertain financial future.

Thank you Earlybird...he only died 2 weeks ago but the financial stress has already begun. I will try and find her some legal help.

She needs to make a claim under the Inheritance Act. It's an act specifically designed to assist those who where supported by someone who died, but where no formal provision was made, either by will or statute.

She needs to see a solicitor who specialises in probate law, and preferably one who has experience in this area, which is relatively rare.

Some probate lawyers are also members of STEP (Society of Trustee & Estate Practitioners) and that would be a good place to start, as they have wider and more in-depth experience, generally.

sorry to hear of your friends situation
it will need to go throu probate so may take a while to sort out, is she aware of the one off 2k benefit payable when someone dies anyone can claim it as it has nothing to do with income.

Onlyjoking..do you know how she goes about getting the 2k payment?

My brother was in a similar situ. Lived in flat with partner. Flat & mortage in her name, though he paid all bills & mortgage. She died, suddenly. Not married & no will means that children (hers not his) were only ones to receive any money from sale of flat.
No idea how things would work with his business though and his share thereof.
Would at least consult CAB in the first instance as it's free.
Also if any bills etc in your friends name, let creditors know ASAP what has happened and that should stop them hounding for cash (if they are)

it is madness htough
EIGHTEEN years and no will

i might be wrong but i think the payment can only be made to the next of kin, i was married when my husband died so i got it, the forms were given to me in a pack when i went to register his death

I do hope the family does look after her.

A good friend of mine was widdowed when her baby was

Hmm a topic close to my heart.

Can someone help me please.

I could find myself in a similar predicament as I live with my DP(and our two children) in his house. He has not made a will, and has three ault children from his previous marriage.

Should he die, what happens to me and our kids in terms of remaining in the house and whatever else he may have left?

DP has somewhat buried his head in the sand and refuses to make a will - maybe he thinks he will live forever

Even though I generally get on well with SC, I can forsee problems ...from comments already made by one of them.

The Probate Service has some useful information here.

As I read it, youcantlabelme, everything would go to your dp's children in equal measure, which would give your children a 40% share in the house. As far as I can see, unmarried partners (except civil partners) don't feature in the intestacy rules at all. Get thee to a CAB or solicitor for some advice!

As your friend works part time - has she contacted tax credits to change circumstances? As she is now on her own they should be paying her more - as only one income.

Get your friend to contact them asap as they will back date any change.

Aslo has your firend contacted council tax and told them she is the only adult in the house? as this will incurr a 25% REDUCTION in the bill from when she tells the council.

these things can be done right away and may help the financal situation or now.

Thank you all..Ivykat44 that's a good suggestion. I'm not sure if she's done that yet. She is still on compassionate leave from work.

Youcantlabelme...this is precisely why you and your dp should pull his head out of the clouds and sort out a will. Or have a legal marriage in the event that something like this happens.

The 'family' in my friend's case is not helping her out. She's on her own now.

Milliways..what a sad story. Hope your friend is coping okay.

Youcantlabelme, I very, very, strongly suggest getting a will sorted.

Assuming the family will take care of you is the biggest cause of heartache for people after a partner's death. Greed takes over, and people scrabble to get what they think is theirs, regardless of the natural justice of the situation.

I tried to raise this issue the other day, but he got all shirty with me. I have made a will already and even knowing this did not spur him on to do the same, as he says his situation is more complicated.

Hmm, not as bad as it could get.

Another thing that hurts more, is that I take his reluctance to sort out a will as kind of proof that he doesn't love me as much as I though he did.

I mean surely you would want to protect your loved ones and save them a lot of heateche at what will obviously be a difficult time as it is.

Hey, ho- am feeling really down about other stuff today, so am feeling a bit sorry for myself.

i meant heartache!