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Inheritance question

4 replies

PeachesMcLean · 01/02/2008 23:03

DH's mum's boyfiend in going to move in with her. DH thinks this could effect his inheritance Common law partners and all that.

Really, we should just want them to be happy - neither are particularly old. But is DH technically right? There's no will.

OP posts:
TheBlonde · 01/02/2008 23:08

no such thing as common law partners in UK law

chipkid · 01/02/2008 23:11

Unless she marries him then in the absence of a will the partner will not stand to inherit under intestacy rules.

If they put the property they live in into joint names as joint tenants then the house will not fall into her estate upon death but will pass absolutely to the surviving joint tenant ie. her partner -so if this happens and the house is the sum total of his mother's estate-yes he would lose out.

Even under her intestacy the boyfriend could make an application to Court as a dependant-if he was being financially supported by her before her death.

However she could scupper all of this by making a will-it is up to her who benefits from her estate if she chooses to take this route!

charlieandlola · 01/02/2008 23:12

Depends on her partners financial contribution to the household, how assets are owned, if she re did her will in favour of her new partner, signed over part of her assets to him etc.
Having no will

PeachesMcLean · 01/02/2008 23:15

Thank you. As I suspected, i just couldn't put it into such good words which DH would take note of

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