whats the law

[wolfetony]

a friend of a friend of mine lives in england co habiting with her partner for the last 3 years. the partner owns the house that they share outright. and she was wondering if she would be thrown out of the house they share by his children from his first marriage if he was to die first .as far as iam led to believe he has not left the house to her in his will. to complicate matters further he is the father of her daughter and she is not included in the will either although the children from the first marriage are.all the children involved are all actually adults so she was wondering if he dies first would her and her daughter and grandchild be entitled to benefit from his estate especialy the house as she still would be living in it in the event of him dying first.

[bednobs]

dont really understand why they just dont make wills!

[bednobs]

dont really understand why they just dont make wills!

[emlett]

if he was to die without a will leaving her and a (dependent) child nothing, then she would have to make a claim against his estate under the inheritance and provision for dependents act 1975 within 3 months of probate (i think that deadline is right but check). she could still make a claim if had died with a will leaving her and a dependent daughter nothing under the same act claiming that they were both dependent (or just her if daughter is grown up as if not a dependent, then couldn't claim) and he should have made provision for them/her.
this would probably be very expensive for her and his estate and would provoke lots of bad feeling with the first family. she should sit him down and talk to him about both of them making a will and how he proposes to make sure that she and their daughter are taken care off so no feud erupts after death.