We are often asked, ‘What can I do if my partner dies without a Will?’ As this real-life case study shows, there are legal steps that can be taken.
Contentious probate partner, Naomi Ireson, recently represented a client whose long term partner and cohabitee had sadly passed away. The couple had been living together for over 16 years. However, our client’s partner had not made a Will.
Under the law in England and Wales, if someone doesn’t make a Will then their assets are distributed in accordance with the intestacy rules. The problem for Naomi’s client was that these rules do not make any provision for an unmarried partner.
Accordingly, all the deceased’s assets were passed to her children under the rules of intestacy. This effectively made Naomi’s client homeless.
Naomi therefore advised him to bring a claim under the Inheritance (Provision for Family & Dependants) Act 1975 as a cohabitee of his late partner. The claim was based on the fact that they had lived together as if they were a married couple for a substantial period of time and that Naomi’s client was being ‘maintained’ by way of provision of a home, even though he contributed fairly to the upkeep and maintenance of the property.
Naomi dealt with the case on a no win, no fee basis and achieved an excellent settlement in which her client received one third of the net estate value, including payment of his legal costs.
If you find yourself in a position where you are asking, ‘What can I do if my partner dies without a Will?’, then contact our experienced team for free guidance on your options. We will analyse the legal merits of your case and set out the options available to you. We have vast experience in resolving claims out of court, both through correspondence and formal mediation. We also have an excellent track record of success in dealing court hearings.
We will also identify the best funding options available to you, including deferred fees, and no win, no fee funding.
