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

What country are you in? If you're in England, you may have a claim for financial provision under the Inheritance Act 1975.

Did he put anything in these emails about his intention?
Go through all paperwork and cupboards etc just in case it's not electronic.
So very sorry.

Did he have a pension OP as you may be entitled to some of that as you were financially dependent on him.

You need to see a solicitor to make a claim outside the intestacy rules (where you have no rights) under the Inheritance (Family and Dependents) Act 1975 on the basis you were being financially supported by your partner in the form of living in his house. The court will make an award based on what is "reasonable provision" for you, if anything.

How did his family show up and ask you to leave the next day, how do they know there is no will? They haven’t seen him in years.

Keep looking for the will.

Op says she's fund an email from July (6 months ago, or 18 months ago perhaps) saying it hasn't been made at that point. Op also says that he couldn't get out and about for a long time so I think she'd no if is had been done in the mean time.

Sadly, it seems that he never made a will.

There was a recent thread in money matters called ‘mother in law being made homeless’ with lots of advice re over 55s housing/housing association flats etc, so for the longer term if you move out these might be more affordable with your teachers pension and maybe some supply teaching/tutoring than open market rent, and hopefully some provision from the estate (sorry don’t know how to link to the thread)!

Or a life insurance policy perhaps. Although these would need to have been specified to op's benefit.

I am a similar situation and we don't have wills,but our life insurance and pensions are payable to each other so this shows intent. Do you have this in place? Joint bank account?

www.nationalwillregister.co.uk/

Depending on your age and where you live
if your over 50 /55 it’s relatively easy to get older persons / sheltered accommodation for that age group

do not leave the house I repeat do not leave the house no matter what they say
let them start the eviction process if necessary that will give you some breathing space

if eligible apply to the local council for housing
depending on your age you may get lucky
several people I know have been in similar situations and were rehoused within weeks because of there age

if their is no will your partner stitched you right up sadly

Why haven’t you made a will? Makes things immeasurably easier and avoids all the issues OP is facing.

I agree I feel very foolish

@Snapncrackle it isn’t helpful to state that her partner stitched her up - it’s a thoughtless and unpleasant comment. He was clearly ill and house bound.

I’m sorry, OP.

What a terrible betrayal.

I know you’re angry at his family, but I’d imagine they were also burned by his selfishness over the years.

Gently OP, he must have wanted his kids to inherit his home and not you.

He was poorly for a long time and this had been discussed several times it seems and he still didn’t do a will.

Why would he not just put your name on the deeds instead of the will.

This was intentional.

It doesn’t mean he didn’t love you but it probably meant that he felt stuck between a rock and a hard place (you vs his kids).

What was your relationship like with his children before he died?

I would ask that you can stay in the home for x amount of time to let you find somewhere else to live.

And how does this help the OP. She has lost her partner and is not entitled under the intestacy rules. You have displayed a spectacular lack of empathy in your post.

OP, I am sorry for your loss and even more sorry for the position your partner has left you in. You are in for a rough time while also grieving.

Anyone else reading this living with a partner you are not married to please make sure a will is in place and you have evidence of it, know what is in it and can access it if necessary.

And how do you draw that conclusion?
how is your comment in any way helpful?

Sorry for your loss OP 😔

Over half the population don't have Wills unfortunately. Many people believe there is such a thing as a common law spouse. It was up to the OP's partner to make sure the OP was looked after as she is in a vulnerable position. She can't force him to make a will.

There are methods of doing a search for a will just in case he had one.

This is what happens to nice people - had you been after his money, you would have sorted things out, so he would have left a will. I am sorry, OP.

Sorry for your loss, OP. If you were a teacher for so long, at least you should have a fairly good pension to come when you hit 65/66.

She wasn’t exactly unpaid. She lived rent free and was kept by him. He may have considered this a fair exchange.