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

One thing to consider OP is that if your partner only died over Christmas, the offices of any law firm may only have just opened today after the holidays. If there is a Will his solicitor may not have yet been informed of his death and so not know to contact you yet. I would go through all his papers and see if you can find one from a law firm.

Can I ask the people who don’t have wills why. Especially if they aren’t married?

For God’s sake do one. It doesn’t need to be shared with anyone but do it!

The Probate Registry only has copies of Wills that have been submitted with applications for Grant of Probate - not all Wills.

If you live in Scotland:
Under section 29 of the Family Law (Scotland) Act 2006 (2006 Act) a cohabitant, within the meaning of section 25, has a right to make a claim on their deceased cohabitant's estate where there is no will within six months from the date of death. Cohabitants have no rights where the deceased left a will.

I’m a pensions lawyer and I refer to “common law spouses” when advising my trustee clients. I use it to describe a cohabiting couple who have been in a relationship for a long time but are not married. It’s a term which is readily understood by clients and helps them to identify potential beneficiaries where there is no legal spouse. A survivor from such a relationship may qualify as a “dependant” (depending on the wording of the scheme’s rules) and be eligible for a pension in the absence of a legal spouse.

So sorry you’ve lost your partner. So tough to have this worry on top.

Strongly advise you to sit tight while you seek advice on your case. They have to go through probate and then get an eviction warrant to make you leave. You have some time.

Try Citizen’s Advice about the inheritance law/lack of will matter and Shelter for housing advice. They have a free phone line or webchat: https://england.shelter.org.uk/get_help.

And contact your local authority housing options service urgently for free advice to prevent homelessness.

You need immediate legal advice, OP. the following all assumes you are in England & Wales. If nothing is done, then intestacy rules kick in and there is a set of rules which determine who inherits - if he isn't still married (in law) then the children, in this situation.

Firstly, check in case he did make a will. It might be in a desk / filing cabinet / with other important papers. If he had contact with a solicitor that you know about, ask that solicitor. Perhaps check with his bank, too.
Secondly, take immediate legal advice. Intestacy doesn't provide anything for an unmarried partner. There might be a possibility of a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but only detailed advice on your own specific circumstances can tell you that.

@Soontobe60
They sound awful because they are telling someone to leave their home less than a month after their partner has died.

That's awful

Exactly. You can search for wills that have been proved as they are now public documents.

Of course. But probably best not to muddy the waters re the definition of "common law spouse" on this thread, just for clear information purposes? It is very much a misconception that people that cohabit have legal rights to inherit and the topic of this thread should really highlight the need to make a will to provide for your loved ones. I'm sure you agree. This is re England and Wales though only so you may be in another jurisdiction perhaps.

So sorry for your loss op.

Please get proper legal advice.

That private search linked above is only useful for when private has been granted. It’s not a registers of wills made.

OP, I hope that he did actually make a will as he said he did, and that you’re able to find out where it is. It’s a lesson - if a will has been made, tell your loved ones where it is. My parents had stuck a notice onto the back of a cupboard door (the cupboard that contained all the important documents) with their solicitors’ details as well as a copy of their wills and codicils. If they’d just left it with their solicitors, we’d have had to do lengthy detective work to find which solicitor it was.

Holy crap they are awful.

My Aunts partner successfully claimed half of the value of her very expensive home when she died despite only being with her for 6 years (she was early 70s) AND she had written a Will leaving everything to her children

He managed to prove that he was financially dependent on her

@TheAgileDuck long shot but is it worth contacting this government department in case he registered a will there?

www.gov.uk/government/publications/store-a-will-with-the-probate-service/how-to-store-a-will-with-the-probate-service

nice backtracking- still doesn’t explain your need to comment that she was stitched up. At least admit it was a thoughtless comment…

Yes , a will becomes public after Probate is granted. This estate is nowhere near that stage yet so the link to Probate search is completely useless.

There is no public, mandatory register of wills.

@safetyfreak · Today 20:05

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%

Ever heard of emotional intelligence you two? No, of course you haven't. 🙄

If you live in England and Wales the following appears to apply which might assist:

In England and Wales, cohabitants do not have automatic rights to claim an intestate estate. Unlike married couples or civil partners, cohabiting partners are not entitled to inherit from the estate of their partner who dies intestate (without a will). However, cohabitants can apply to the court for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. This act allows cohabitants to make a claim if they have been living together for at least two years immediately before the death of their partner.

You’re not on the bills. You haven’t got anything showing you contributed to bills or mortgage, so there isn’t any proof you lived there. It would have been difficult even with that proof, but impossible I’m afraid without it. Surely if he has been really ill these last few years you and he would have had a conversation and he would have taken action to make sure you were looked after, if that’s what he wanted?

www.cognitivelaw.co.uk/understanding-who-qualifies-as-a-cohabitant-under-the-inheritance-provision-for-family-and-dependants-act-1975/

OP you do have legal recourse

Sincere condolences on the loss of your partner, this must be such a tough time for you. I hope you have been given some legal advice regarding your right to stay in your home, after caring for him for so long.

I don't want to name £amounts because it might be totally off the mark for OP's situation, but I have a friend who is currently on the opposite side of a claim - she was remembered in the will and somebody else was deliberately removed, and that other person is bringing a claim (one that is highly unlikely to succeed). If the amount it is costing the person bringing the claim against my friend is at all similar to what OP can expect to pay, and if a legal advisor says OP has a decent chance of succeeding, it is an amount that it would be worthwhile getting a loan for. I know, I know, if that is even a possibility.

OP should at least work on the basis that it is a possibility and look into it some more, that's all I'm encouraging.

@TheAgileDuck there is a facebook group called "Safeguarding futures -
health and social care support. It is run by some knowledgeable people whoa re very generous with their time and knowledge. It wouldn't be outside of the remit of the group despite the title to ask in there for advice.

OMG that’s terrible. My father had a girlfriend after my mother died who was very keen to give up her council flat to move in with him. She dumped him immediately when he sold the house and rented an apartment in a retirement complex. Shameless.