partner dies leaving no will

[granddaughte]

what is the legal position for the partner in a relationship
when he dies leaving no will, do i have any claim on the estate. I have lived with him for 18 years and nursed him while he had cancer, the house is rented so does not pose a problem. I know that it has to go to probate but who does this, I cannot afford a solicitor.

[dzug]

If by 'partner' you mean an unmarried partner, then you alas get zilch. It all goes to his relatives - or if he has none to Alaistair Darling.

You (or a relative) can get probate on a DIY basis - no need for a solicitor. But if they are getting it all I'd leave it to them.

[New Judge]

Probate is not applicable in the case of intestacy (i.e. dying without having made a will).

Probate is the process of proving the authenticity of a Will, and is needed before the Executors (those distributing the state in accordance with the deceased�s wishes) can undertake their business.

In the case of intestacy the estate is divided according to the law, and this makes no provision for unmarried partners or (in the case of same-sex partners) those without a formal civil partnership.

Section 46(1)(vi) of the administration of estates act 1925 gives the crown a discretion to make provisions for dependents of the Intestate whether they are related to the deceased or not. Similarly the Crown may provide for �other persons for whom the Intestate might reasonably have been expected to make provision�.

So you might benefit from your late partner's estate, but you cannot count on it.

[VillageVicar]

New Judge: Excellent answer!

There really isn't the necessity to add much more to that. However, for others reading this thread, I hope it serves as a gentle reminder how important it is to have a will.

It can be as simple as a few paragraphs. And, if there is a charity or beneficiary outside of the family, please do remember them as well.

I wish you every success

Fr Bill

[Morty Vicar]

I think when granddaughte referred to Probate she meant the process of obtaining the Grant of Letters of Administration (which is colloquially known as Probate, since it is dealt with by the Probate Registry).

Whilst there may be no close relatives, there may well be more distant relatives who would take the estate under intestacy rules. If not, it will vest in the Crown as bona vacantia and in my experience, they will not make provision for anyone.

The best bet is for the poster to take urgent legal advice with a view to making a claim under the Inheritance (Provision and Family and Dependents) Act 1975, either as a cohabitee or as a person who immediately before the deceased's death was being maintained by the deceased. The claim is one for reasonable financial provision and should be made within 6 months of the Grant of Representation being extracted. Public legal funding may be available in certain circumstances so it would be worth investigating. I have actually done these on a no win no fee basis. I would suggest trying a solicitor with a free half hour interview and take it from there.