Please help - partner died no will

[TheAgileDuck]

Hi All, I would really appreciate your help. My partner of 12 years died over Christmas. He was very ill and I was his carer (unofficially he didn’t claim carers allowance etc) We have lived together for 8 years in his fully paid for house. He has two children who he has not seen for 10 + years and other relatives still alive but again not spoken to in a very long time years and years.

he has died with no will. His family are asking me to leave the house I have called my home for 8 years as we were not married and I wasn’t paying any rent/maintenance officially. He always verbally promised me that I could stay in the house if he passed away until I died or if I choose to leave 30% of the value of house and rest to his children. However it turns out there is no will so none of the above is official.

do I have any right to stay in the house? Please note I am not on bills. I also have no other savings, so if I was kicked out I would effectively be made homeless. I haven’t worked in 8 years as his health was extremely poor and I looked after him and he had enough money to cover all bills.

I am not after any money from his bank accounts, his expensive jewellery and watches just a small bit of what was promised to me for so long. I have no money saved so getting a solicitor I think will be last resort but guessing it might have to be done.

I am totally devastated by his loss but also now by this situation which has come as such a shock after thinking I had some safety for my future.

please help if anyone has any advice

many thanks

The op can make a claim under the 1975 act as she lived with the deceased for more than two years prior to death.

Firstly I am so sorry for your loss. Things like this are always hard let alone with a horrible family to contend with.

There is some truth to what people are saying. Under intestacy laws cohabitees don't automatically get a look in. Spouses are looked after but not cohabitees. However I don't think you are completely screwed. It sounds like there may be a constructive trust in the property where he has made assurances that it is your home even in the event of his death. There are also other options a lawyer would explore with you such as proprietary estoppel, where an interest in property is promised in exchange for care. Finally you may be able to claim as a dependant. It sounds as though he was providing financial support in his life to you and cohabitees are accommodated for in that area of law.

You need to speak to a good wills and estates lawyer, and be prepared with the circumstances of your living arrangements, financial responsibilities etc. With the right information I don't think you are completely out on your luck.

Nowhere have I said that being a “common law spouse” confers rights to a pension
Straw man. I didn't say you did.

My point remains I'm astonished that a solicitor specialing in private client work would use such a ridiculous, misleading and meaningless term. "Cohabitants" "dependants" or "nominated beneficiary" are the terms you're struggling with.

And I do think many people understand the term “common law spouse” to describe unmarried cohabiting couples in a long term relationship

Lay people still think "common law spouse" means more than that. That's frequently demonstrated on MN.

If you want your partner to inherit your house, then why is he not on the deeds?

And what will your kids get?

You said you are a pensions lawyer but I just wanted to check you are qualified in the jurisdiction of England or Wales (or Scotland). There is no legal definition of a common law spouse. You are either a spouse or you are not. It's very misleading for you to use that term with your clients and I know of no other qualified solictor that would in this jurisdiction. You should not be using it as shorthand to describe cohabitation as it is a popular misconception that needs to be clear to people.

Perhaps you are in a different jurisdiction where the concept legally exists?

Sorry for your loss OP.

It sounds very much like you could claim something from the estate as a cohabiting dependent - you need to see a solicitor and not budge from the house. They might well be next of kin under the intestacy laws, but nothing is theirs until they get a grant of administration and they have no right to do anything before then.

Also, you say you don’t want any of his bank accounts, but if any were in your joint names they will automatically be yours now so make sure you notify the banks and get things moved into your sole name if they were joint.

https://www.lawdonut.co.uk/personal/claiming-an-inheritance/dependants-claims-against-an-estate

I presume you have or are entitled to a teacher's pension? You did pay into the pension scheme didn't you? You can draw down on that from the age of 55, as i'm sure you know. It's only a few years until you're eligible for state pension but you may have to return to work. In the meantime, do not leave your home and get legal advice.

Well you shouldn't be and I'm frankly appalled that you do, particularly on the basis of your assertion that "it's a term which is readily understood by clients" when this is demonstrably untrue. Every single person I have heard use this term in the normal course of life, when challenged on what it means, says that they have the same rights as legal spouses and are stunned when I explain to them that they do not. @IHaveAlwaysLivedintheCastle has provided you with the terms you should be using.

You need legal advice. It sounds like you have a decent case on promissory estoppel. Don't move out of the house.

Sorry if this has been covered as I don't have time to read all the replies but it sounds to me that you may well have 20 year's worth of teacher's pension in the final salary npa 60 scheme. If so, you would have become eligible for a lump sum on your 60th birthday along with an index linked pension to be paid for the rest of your life. It won't matter that you left teaching ages ago, it will have been deferred but rising with inflation from when you last worked and sitting there waiting for you to claim it since you turned 60. Wishing you all the best.

That is an interesting one because you were his carer. This should be taken into account. At least you can try fight for

Was your partner married? Is that why he didn't marry you?
If he was he wouldn't have been able to put you on his pension schemes etc.

You say you taught for 20 years, did you pay into the Teachers' Superannuation Scheme? I ask as sometimes people have worked on supply or PT and haven't made any pension contributions. You need to contact the TSS and get a quote from them. You can do it online.

Are you thinking of going back into teaching? You may be able to repay any contributions withdrawn or indeed make extra payments if you rejoin the scheme. Join a Teaching Union as they will be able to advise you re pensions etc.

What were you working at for the years you weren't teaching? You may have a pension from your other employment 20+ ? years. You will need to contact your previous employers to find out when you would be able to take the benefits. It may be as low as 60 in which case you could start getting an income now.

Have you been paying voluntary National Insurance Contributions for the last 8 years? If not you need to check your contribution record and if you don't yet qualify for much of a full State pension start paying back voluntary contributions to increase your State Retirement Pension if you are ever in a better financial situation. If you start work again or are in receipt of benefits you will be paying NI or getting credits.

You don't mention any children of your own. If you were not working because you had young children you should get credits for your OAP.

Do you have access to any joint accounts with your late partner?

If not you will need to register for Universal Credit asap. It usually takes at least 5 weeks before any money comes through you may be able to get a loan ( repayable)

@snoozeysleepy @LondonLawyer @IHaveAlwaysLivedintheCastle
As the qualified lawyers on here, can I check something with you please? Assuming OP's situation remains as it is (i.e. no Will is found and her late partner has indeed died intestate), when his children apply for Letters of Administration/Grant of Probate, should OP place a caveat on the probate application to slow the grant down (for at least six months anyway)? I appreciate the children could warn off this caveat, but it will slow the whole process down while the two parties are in dispute (particularly if OP is able to renew the caveat every six months) and make it impossible for the children to sell the house until probate has been granted, and therefore possibly enable OP to stay there longer. What do you think?

How did the family know there was no will so soon?

It depends on the type of claim but it is risky. If it's a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, which it is likely to be in OP's case, there is case law to say that it is an abuse of process to enter a caveat.

This is because the validity of the will isn't being challenged.

i was just wondering if he was separated from the children’s mother? Or if she had died?

Where is she on the scene?

If she makes an application for provision from his estate the house won't be able to be sold anyway (or funds released) until that is resolved as there is a question as to who owns it.

Anyway I wouldn't be worrying about the Probate Office suddenly becoming a hive of efficiency!

It doesn't matter what the children think. It's not up to them, the court will decide. But conversely, most disputes of this nature settle.

Thank you. The reason I ask is because a family member of mine dealt with a very similar situation to this and the occupant, who was also making a claim a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (which ultimately failed entirely), entered a caveat and renewed it twice, delaying probate by 18 months.

I hope you are able to get some good legal advice, OP.

I do wonder when women (and some men) will stop being so trusting.

I think there’s still a chance there might be a will. I would keep looking and investigating

How much do you charge for lying to your clients?

Sorry more.

There are several Teachers' Charities /Organisations which may be able to help you.

Teachers' Housing Association at
New Park Gardens (Stoke on Trent),
Paignton,
Christchurch (Dorset),
Bournville ( Birmingham),
Croydon,
Hull.
Provides rented accommodation 'affordable to those on low incomes' for over 60s.
On a points system so Homelessness max points, then no fixed abode, loss of accommodation within 12 weeks - 12 months etc.
( very nice accommodation those I've seen ie individual bungalows, rooms in big house, nursing care options)

NEU Trust Fund
NASUWT Benevolent Fund
Teaching Staff Trust
Education Support.

My father died a few days before Xmas and for the last 40 years have been telling me of a will and telling my mother if a will

even as little as speaking to me about a will some 10 days before he died

ive just been told he died abroad with no will….everything has gone. Everything that’s been passed down for centuries has gone. Everything from my grandparents. Great grandparents

all gone to my step mother and he kids.

Maybe there was a will which they had, putting them as the beneficiaries and some one ( obviously) told them he'd died?