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

OP, you don't need a solicitor in order to search for a will. You can do it yourself, please see below:

probatesearch.service.gov.uk/help

Good point about putting in a claim for government support. I believe the Entitledto website is good for working out what you can claim.

There is always a delay in claims being paid, but they are usually backdated to the date of the claim, so get those balls rolling ASAP.

There's no such thing as a common law spouse and people need to be aware of that.

Looking at named pension beneficiaries would be useful though.

I'm so sorry for your loss OP. How devastating. My MIL died without a will. Everyone was astonished. So astonished that one of her relatives rang around every local solicitor. You could try that if you haven't already.

When you talked about the will as if he had one, was there any suggestion about where it might be? I have two family members who know which drawer my will is in and my parents always referred to the ‘red file’ for all their important documents eg house deeds, will etc. Did he have a solicitor he regularly used over the years?

You need to urgently see a solicitor. You also need to tell his children that you intend to make a claim on his estate as a dependent - see the advice from a legal firm here and quote the law about reasonable provision for a dependent. Start thinking about how you will prove you lived together as man and wife and that you were not his paid carer.

https://www.mills-reeve.com/blogs/family-and-children/november-2023/living-with-partner-not-married-what-if-one-dies/#:~:text=Unmarried%20couples%20aren't%20afforded,a%20penny%20from%20your%20estate).

Or he could have married her in the last few months as well

Gutted for you but as others have mentioned very little can be done

I would say don't make yourself homeless though - register for housing & by all means apply for rentals but do not leave the property willingly unless you have something else lined up as you'll really be homeless then

You say your DP's children came round the day after you phoned them, I think, OP.

Do they have keys? If not DO NOT GIVE THEM ANY. You might find yourself locked out. They may not care whether or not this is illegal.

My commiserations. 💐

That would only apply if a will has been lodged at the probate registry or if an application for probate has been made. There is no central government register of Wills.

Jesus OP, you must be devastated. He’s totally used you and completely screwed you over.

Oh my, makes you wonder if he used OP as an unpaid carer and wanted to leave his assets to just his kids.

Thats horrible...never trust a man 100%

I’m so sorry. I was In this situation and I knew his children would be down the motorway before he was cold so we got married and made wills.

sadly you do not have any legal rights to any of his estate without a Will if you were not married/civil partnership but thats not to say you should leave immediately. You have moral rights but whether they will be taken in to account, it doenst sound like

im so sorry this is happening to you at the worst time.

There is no such thing as a common law spouse in England.

You can make provisions through wills, pensions, life policies, mortgage arrangements, etc.

However, if you wish to have the exist same rights and laws applied to married couples, then you have to be married, and ideally, still have all the other stuff prepared as well.

That's a search for Probate. The grant of Probate might include a copy of a will.

Where in the UK are you? If Scotland, you need to consult a private client solicitor immediately as you only have 6 months from the date of death to intimate a claim on the estate through court. This I a strict deadline so if you miss the boat, you have had it. If you are in England and Wales you may be able to make a claim under the inheritance (provision for family and dependents) act. In any event you need to go talk to a private client lawyer and don't wait to do it. Sorry for your loss x

Oh that’s good news

OP why did you not have your name put on the deeds or marry?

I thought you had to pay inheritance tax if you inherit a property (may be mistaken) and there was always a chance that children can make a claim for it.

So I’m wondering what the reason was that it wasn’t put in your name before he died.

@Doggymummar even if intent can be proven it can be a costly, long, distressing and deeply upsetting experience for the surviving spouse to go through. Look at it this way: why would you want the person who you love, who is going through the most unimaginable pain loss and suffering, to have to go through all of the extra stress and worry and hardship and also potentially not come out with the right outcome, when you could have prioritised having got it sorted?

Even a DIY will kit from WHSmiths (NOT a downloaded from the internet freebie) would be better than relying on "life insurance therefore intent." Do that as an interim stop gap if you need, and make a solicitors appointment in order to work out and file a more rigorous one.

Hopefully you will have many carefree years ahead together. But things can, and sometimes do, change in an instant.

I'm so sorry op.

I don't think you were foolish, your long term partner told you you were in the will. I'd simply trust them, not demand to see a copy.

but it might help someone else who is reading and didn’t know they could get a will set up via the phone

There are a large number of people posting without any legal knowledge and giving incorrect advice. If you don’t know maybe don’t post! It’s worse to give incorrect advice.

As some posters with knowledge have now posted, you have very good grounds for a claim under the inheritance (provision for family and dependants) act 1975. This allows a claim to be made where reasonable provision has not been made for certain persons. You would qualify under s1A as a cohabitee and possibly also under s1e as someone maintained. https://www.legislation.gov.uk/ukpga/1975/63

You should also note that anything owned jointly (you have said not the property but could include for example some possessions and bank accounts) would pass outside of any Will or the intestacy by right of survivorship.

you can do a search through a company such as ‘estatesearch’ https://www.estatesearch.co.uk/services/ to search for a will. The enhanced search (missing will search) searches a central register (many wills are not registered though) and also contacts local solicitors. This would be worth doing possibly through the solicitors you instruct.

if there is indeed no will, there are rules which state who is to inherit and who will act as the administrator of the estate. From what you have said this is likely to be his adult children.

you should see a specialist solicitor urgently to assess your claim. Make sure they specialise in this kind of litigation and are not a general litigation solicitor. You also need to be aware that there are time limits within which a claim must be bought. This is 6 months from the date of the grant. It would however be worth putting the children on notice of your claim sooner rather than later if they are trying to get you out the house.

You're right in what you say but bringing a claim is expensive. I'm not sure how helpful it is to encourage this as a possibility when OP makes it clear she has no money behind her.

a will becomes a public document after probate has been granted and anyone can obtain a copy for about £1.50 I think.
the grant of probate does not contain any details about the will it merely confirms that the will has been proved and registered before the high court of justice.

I’m so sorry OP. It looks like you have been had.

I really hope you are able to get something from the estate. It’s so cruel of him to have left you in this position. 💐