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

No it doesn't.

This. And why would you give up your independence to care for him without ensuring your future was secure? It doesn’t seem like a reasonable thing to do.

I called them the day after he died. They turned up the next day after not seeing him for many years and asked me to leave. I said no, I didn’t want to discuss anything till after the funeral as my head is all over the place.

This is incorrect.

Do not move out of the house. Check which of your joint possessions - jewellery, watches, cash, food - you have access to and ensure that you keep them safe. You know he loved you and wanted you taken care of. Try and appeal to the better nature of his relations but that often goes out the window where money is involved. Read Sense and Sensibility.

Oh you poor thing, thats horrible.
Do nothing without legal advice

If it helps at all, I'm potentially writing from the other side of this situation. I received a letter three weeks ago requesting contact from an estates company regarding my estranged father who had instructed a solicitor to seek his children; he is terminally ill and wants to ensure his property is left to his children. I would say if there were any tenants in this situation, I certainly wouldn't want them to loose their home and make an already stressful and emotional situation worse for anyone involved. Please seek the solicitors advice. I'm sorry for your loss.

How do you know there is no will - just because you haven’t found it? He spoke about his intentions regarding you remaining in the house or taking 30% now … are you certain there is no will? He might have it with an estate lawyer different to his current lawyer.

You really do need to speak to a solicitor, do not move out of the house without doing this first.

for the past 3 years he couldn’t walk. Previous 5 years of illness was him just getting slowly worse. I always have worked I was a teacher. I left work as by that point I was with him for 4 years, knew he was my soul mate and he had enough money to cover bills etc. we never went on holiday, had a very simple life but we was happy

This.
Particularly in a situation where he was estranged from his dc.

It seems strange that two educated people wouldn't have sorted all paperwork out when this was not a sudden or unexpected death.

I really am sorry for your loss @TheAgileDuck but you both have to take some responsibility for not putting affairs in order over the course of 8 years.

Do you have a teachers pension at all? Or are you already drawing that?

Also, did your partner have any workplace pensions? If he did, it might be worth you checking whether you would get anything from them - sometimes they pay out to cohabiting partners, not just the legal spouse. And check if he had named you as a beneficiary on any private pensions.

Just thinking of things to get you over the short term.

You can claim under the 1975 Act as you lived as you cohabited for more than two years prior to death and you were financially dependent on him. You need to seek legal advice and make an application under the act.

I am sorry for your loss and that you have this to deal with at a time when you are grieving.

Hopefully OP is able to get some advice on making a claim under the 1975 Act. The intestacy provisions do make it possible but it can be complex. To everyone else who's living with a partner and not married, PLEASE make wills.

Thank you everyone for your help and advice. I completely agree it was foolish of me not to see proof of a will or his wishes. I am going to contact local solicitors and see if there is anything I might not have seen, but I am trying to be realistic. I stupidly shouldn’t have got to this age without savings or a plan. Thank you all for being kind and not judgmental. I only wish I had a Time Machine and could change what has happened.

you should be able to get advice from shelter regarding the hosue and staying there - I think they do need to give you reasonable notice and get some advice and if nec a solicitors letter in response to them - if nothing else you have lived there for 8 years and there could be an implied agreement which needs notice. However in terms of continuing to live there it is unlikely with current legislation unless you find a will. They wont have probate without a will so will have to apply to be able to distribute the assets and the house is far better lived in than not whilst that is sorted as there is a long delay I believe at the moment. Having said that you will be responsible for bills etc. Make sure all your belongings/furniture/house hold goods are identified so you don't loose those either.

I appreciate its a difficult time but if you dont get things sorted they will take everything they can get their hands on so I would sort things asap, get out and mourn him in your own way. Families are awful in these circumstances especially when you have provided 8 years of care for someone they have barely seen let alone supported. I wish you well

More details on the 1975 Act- just picked this at random from google but gives a simple overview of who can claim.
www.brethertons.co.uk/site/blog/claiming-under-the-inheritance-act-1975

I just want to echo what other posters have said, what a horribly sad situation and I am sorry that you are facing this alongside your grief.

I hope you get some favourable advice too.

Sorry for your loss

Due to no will & not married

I suggest you see below

https://www.gov.uk/inherits-someone-dies-without-will

Not helpful.

When we inherited a relatives house there was a person who claimed they were a live in partner and ‘carer’. She was in fact a totally bat shit neighbour who moved in after death and changed the locks! She challenged us in the courts for 10 years, all the while living in the property, paying no rent whilst HMRC hounded us for inheritance tax!! She did a bit of shopping for my relative and they had a friendly relationship. Same sex, the person was even married (apparently separated!)

Anyway, she was so convincing, dragged it out for so long with fake heart attacks and other fake ailments, court kept getting adjourned. In the end, she received half the estate after a 10 YEAR battle, no will and hundreds of thousands in solicitor fees!

Good luck

In England and Wales this isnt true.

Check his pension situation too as he may have named you as a dependant or you can apply to the pension administrator stating you are a dependant and they will consider

Maybe the will is with a life policy? Worth checking

Maybe there is a will somewhere.