MIL being made homeless

[OMGverywellthankyou]

MIL is early 80s, currently living with her partner. They have never married. She lives in his house and off his income. Throughout the relationship her partner has been financially abusive and controlling and MIL has been unable to escape the co-dependency of their relationship despite offers of help (that’s a whole other very long thread). So this brings me to our current predicament. MIL’s partner has terminal cancer and has been given, at most, months to live. MIL has very little pension -apparently she opted out of full NI contributions when married to her previous husband years ago- no savings and nothing else to her name. She thinks her partners will says she is allowed to live in the house for up to 2 years following his death, then she will be forced out. Although it is likely that she will be forced out asap by her partners children who are named in the will. MIL is not named in the will and will receive nothing at all. MILs only relative living in the UK is DH.
What on earth do we do? We cannot take her in long term as we are 150 miles from her, and have 2 adults and 2 kids in a 2 up 2 down house.
She cannot afford a rental deposit or regular rent. She has no money or means to physically move her things. She has no friends in her area at all to help or take her in (the result of the abusive relationship).
A quick calculation on the age UK website says she will be entitled to £68 a week pension credit. It doesn’t mention housing benefit.
Would she be able to get a council/housing association house and housing benefit? If so how do we do that? Will she have to apply where DH and I live and should we take her in, as we are her only next of kin? What I mean by this is not that we don’t want to take her in, but is she better off staying in the house until they give her some formal notice of being homeless?
Has anyone been through anything similar with an elderly relative? Any advice appreciated, thanks.

@Jewell25 I think around 50 years ago when she was married to DH’s dad married women could opt to pay 1/2 their stamp if their husband had a private pension. I think this is what she did. Now she is seeing the consequences of doing this as I don’t think she earned much after her initial divorce and never made up the missed NI contributions. I am so grateful that DH and I have our own final salary pensions and will have maximum NI contributions too.
Anchor provide sheltered housing in our area where there is a complex with activites etc if you want and the option of the ‘extra care’ part too 👍

Some flats are very lively new builds, other are 1990s - it will really depend and it’s a mixed bag.

I’ve had people move every single year as they never settle and have to wait a year before they can go back on the list.
The sheltered accommodation flat my Nana had was luxury. My dad and uncle got plush fitted carpet, all her furniture was moved up. It was a 1980s build and the bills for electric were small as the places was well insulated.

She will be entitled to an over 80s pension plus pension credit , plus housing and council tax to home her ..

www.google.com/search?q=over+80s+pension&ie=UTF-8&oe=UTF-8&hl=en-gb&client=safari

Oh, that's good news, glad things are looking more positive.

Ii work in east kent OP there is quite a good supply of sheltered housing here. She wouldn't necessarily need to wait to eviction day to get housed. But she should apply ASAP as they are taking a while to process applications eg 3 months in canterbury.

My dad's sheltered housing flat was brand new.

Not married unfortunately

If both of them have certain types of illness they can claim attendance allowance which is not means tested.

They need to claim separately

www.go.ul/attendance-allowance

Here is the correct link

https://www.gov.uk/attendance-allowance

I think this referred to the actual ex husband not the current partner?

Also, the case of Thompson v Raggett may be relevant. She may well have grounds for a claim under the Inheritance Act even though they weren’t married.

www.stjohnschambers.co.uk/news/alex-troup-is-successful-in-high-court-inheritance-act-1975-claim-in-thompson-v-raggett

@DayliightDteamer841 thanks. Her partner already gets attendance allowance and keeps it himself. She has no issues so cannot claim herself.

Your MIL is clearly vulnerable due to her age. If she's been financially dependent on her partner for some time, and has evidence of this it is possible she can challenge her partner's will - even though they are unmarried.

https://www.co-oplegalservices.co.uk/media-centre/articles-sept-dec-2018/how-to-cut-someone-out-of-your-will/

'In England and Wales, it is possible to cut someone out of your Will. However, certain individuals are legally entitled to challenge your Will if they feel that they have not been adequately provided for. This includes your spouse and your children, as well as anyone who lived with you or who was financially dependent on you before your death'.

Act promptly now to obtain proper legal advice on this for your MIL, before the will is enacted.

It's worth looking at local almshouses - e.g. this one is in Kent

https://www.thefoordalmshouses.co.uk/applications/

I am a trustee of one elsewhere which gets surprisingly few applications

You need to get legal advice, the 1975 inheritance (Provision for Family and Dependants) Act would apply here. Specifically around whether her partner has made ‘reasonable financial provision’ for her. You said yourself she was fully supported by him and if they’ve lived together as if they were a married couple for at least 2 years then she’s likely to have a claim against his estate.

Sorry if repeating it, NRTFT!

As others have said if he makes no reasonable provision for her in his will she can contest the will. https://www.girlings.com/latest/contesting-a-will-cohabiting-couples-your-rights-under-the-inheritance-act

And if she is on insurance at all there may be a free legal advice line. If not she could probably get a conditional fee arrangement (no win, no fee). Even if she doesnt want to go down that route telling his executors she intends to do so should lead to them paying any removal costs at the very least.

If she is not divorced she is entitled to a pension based on her husband's contributions, if he made any. You state she has a small income he makes her use - is she receiving any state pension? If not she should call the state pension service. Telephone: 0800 731 7898 https://assets.publishing.service.gov.uk/media/61f3c60b8fa8f5388e978124/easy-read-new-state-pension-apply.pdf

As to the previous husband that’s going to take some time to find out. I don’t think she has divorced him but he might have divorced her?

Or he might have died. If you're sure of his name, you can check here to see if his death has been registered in the uk:
www.gov.uk/order-copy-birth-death-marriage-certificate

If there's a chance he might have died elsewhere, that will be more difficult.

Thanks so much everyone, you are all very knowledgeable. MIL is grateful
for all the advice too. 👍

Hope the things going smoothly OP

Get onto the council. They will put her as a top band priority and sort out sheltered accommodation very quickly,🙂

Just a small update for those that might be interested. MIL’s partner has now passed away and she has been busy applying for the benefits she is entitled to and applying for council and sheltered housing in our area. Hopefully she will be coming up to us soon to look at some of the sheltered housing options so she can decide if she would like to go to any of them. Honestly she is doing a lot better than we thought and it will be great if she is in our area so she can see the grandchildren when she wants (as up until now her partner has told her she can’t see them). We are really hopeful this will be a new start for her.

Thanks for the update. Glad to hear your MIL is doing ok. Like you say, hopefully this will be a new start for her.

You’ve done a great job reassuring her and finding all the facts so she can move forward positively. Hopefully she will have some happy years away from the influence of any toxic men.

Wow this could work out really positive for her and all thanks to you and she gets to see her grandchildren more! What a bonus! Xxxx