Quizzes & Puzzles16 mins ago
Dying Without A Will
I don't think my mother made a will. She
has lived with a guy for abut 40 years
but they never got married. I am her only child
from her marriage to my late father. Will it default
to me or her partner ?
Ta
M
has lived with a guy for abut 40 years
but they never got married. I am her only child
from her marriage to my late father. Will it default
to me or her partner ?
Ta
M
Answers
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If she is not married to her partner then it will be you
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The law on intestacy gives everything to you.
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However, under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975, a person who was living in the same house as a deceased person (for two years immediately prior to the death and as if they were the spouse of that person) has the right to apply to a court for the rules on intestacy to be varied in respect of the distribution of the deceased person's estate, in order that they can receive 'reasonable financial provision'.
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Unless your mother's estate was very small, your first step should be to seek a 'grant of representation' (in the form of 'letters of administration'). Your local Probate Registry (or Sub-Registry) can provide you with the forms and help you.
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However you need to be aware of the possibility of your mother's partner seeking a court order to vary the inheritance rules. If that happens, legal bills, for both sides, can mount up very quickly; it would be better to seek an amicable agreement.
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However, under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975, a person who was living in the same house as a deceased person (for two years immediately prior to the death and as if they were the spouse of that person) has the right to apply to a court for the rules on intestacy to be varied in respect of the distribution of the deceased person's estate, in order that they can receive 'reasonable financial provision'.
https:/
Unless your mother's estate was very small, your first step should be to seek a 'grant of representation' (in the form of 'letters of administration'). Your local Probate Registry (or Sub-Registry) can provide you with the forms and help you.
https:/
However you need to be aware of the possibility of your mother's partner seeking a court order to vary the inheritance rules. If that happens, legal bills, for both sides, can mount up very quickly; it would be better to seek an amicable agreement.
A further point:
If your mother and her partner co-owned their house as 'joint tenants' then the partner will now own to whole of the house outright. (It's automatic. Even if your mother had written a will she couldn't have left her 'share' of it to you or anyone. It was the legal 'partnership 'of two people that owned the property, with the surviving partner now automatically owning the whole of the property).
However if your mother and her partner co-owned their house as 'tenants in common' then her half of the property will now come to you under the intestacy rules UNLESS her partner seeks a court order to vary those rules.
If your mother and her partner co-owned their house as 'joint tenants' then the partner will now own to whole of the house outright. (It's automatic. Even if your mother had written a will she couldn't have left her 'share' of it to you or anyone. It was the legal 'partnership 'of two people that owned the property, with the surviving partner now automatically owning the whole of the property).
However if your mother and her partner co-owned their house as 'tenants in common' then her half of the property will now come to you under the intestacy rules UNLESS her partner seeks a court order to vary those rules.
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