Died without a will - dispute over property

[mrs_overall]

This is for a friend of mine. Scenario: A brother & sister have no other relatives & no dependants. The brother has his own house & his girlfriend moves in with him. The girlfriend has her own house but keeps it and rents it out. The sister makes her will and tells her brother he will inherit everything. The brother states to his sister (in the presence of his girlfriend) that he intends to do the same. The brother then dies unexpectedly without having made his will (and the girlfriend fails to tell the sister who is on holiday - the funeral was over and done with before she came back!). The girlfriend then tells the sister that as his "common law wife" she inherits everything and the sister is entitled to nothing.
My friend is naturally distraught, particularly as her brother had their mum's jewellery, family photo's etc which have huge sentimental value.
Any thoughts/suggestions please?

[Nosha123]

How awful Mrs O.. so sorry to hear that. How long had the brother and GF lived together..

I thought there was no such things as common law wife... and that it is a widely believed myth!

I am not an expert but I dont see how the GF can claim his inheritance! She is not married nor related to him and there is no written will. It should surely be his relatives that inherit the property!

She needs to seek urgent legal advice and if necessary kick this GF out and protect their mothers belongings from being sold off!!!

[Nosha123]

is this of any use Mrs O??

http://www.desktoplawyer.co.uk/dt/browse/law/i ndex.cfm?fuseaction=ViewContent&sid=75956&aid= 34916

[Rollo]

The girlfriend is certainly not entitled to inherit everything.

Under the scenario you describe the sister is the sole inheritor under the intestacy rules, but the girlfriend may be able to make a claim to some of the assets if she can show that she was a dependant of the deceased.

There is no such thing as a common law wife in law. She is/was just the brother's girlfriend.

[Nosha123]

me again.. Looks like the GF is on to a loser!!! Found this too! www.lawontheweb.co.uk

Unmarried Couples and Death

The other essential matter for unmarried couples to consider is that, as they are not related, unless they make a Will in favour of their other half, then, should they die, their estate will pass to their immediate family under the intestacy rules, rather than to their partner (except their share in the home if they are joint owners and hold as beneficial joint tenants - see above).

An unmarried partner will not even be entitled to take out a grant of letters of administration and administer their partner's estate, as they are not a relative of the deceased.

If the relationship is a serious one, then one of the first things they should do is to each make a Will. A Will can always been amended, changed or added to, but if there is no document at all, then the deceased's estate will simply pass to the appropriate family members or even the Government, rather than to the person's partner.

[mrs_overall]

Brilliant!

My friend (who has gone off to make us a cuppa) has read your answers and shed a tear - she couldn't believe your fast, helpful response.
I'll make her phone a solicitor pronto before the gold-digging girlfriend starts flogging off her brother's possessions.

You guys are the best! xx

[Nosha123]

Aaahhh.. so pleased to have helped someone in need during my lunch hour!

Tell your friend to try not to worry too much.. All the signs are that the GF is in the wrong or at least somewhat mis-informed.

I'm sure it wont be plain sailing.. but the sooner she seeks advice from a solicitor the better!

[ummmmmdedum]

Isn't there a law against burying someone without informing the next of kin about their death?

I hope there is and I hope your mate sues the bitch.....!!!

[Rollo]

If the girlfriend has taken any of the estate's assets then she would be guilty of theft.

[mrs_overall]

Ummm, the girlfriend told the undertaker that she was his fiance and arranged the funeral with no problems. She actually paid for it as well! (Her argument was that she didn't know where my friend had gone on holiday - which was true, but she did have my friend's mobile number.)

[redcrx]

what a pile of crap, the police could have traced the sister if needs be. When my grandad passed away no-one knew where my uncle was, hadnt spoken to him in years and yet the police found him within hours.

I hope the girlfriend gets her comeuppance, what a b1tch!!!!

[cassa333]

I am a bit late in on this one and to be honest can't offer any legal advice but would add go round and do an inventory NOW.

Get photos and go through everything.

You know the GF probably has already...

[Barmaid]

There is no property in a body so there is no cause of action there - the sister could refuse to pay the funeral account but only if excessive.

The sister inherits. The gf may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 IF she lived with the deceased for the 2 years prior to his death as man and wife OR she was dependant on him.

[north star]

AnswerBank at its best.