Can I make an inheritance claim against my partner’s estate where there is no Will?
Contentious probate solicitor, Jack Dray, looks at the rights cohabitees have under the Inheritance Act, and answers a common query, “Can I make an inheritance claim against my partner’s estate where there is no Will?”
When someone dies without leaving a valid Will, their estate will be distributed by following the intestacy rules. Where the deceased is married this will involve their spouse receiving part or all of their estate. But what happens if your partner has died without making a Will and you are not married? Do you have any inheritance rights?
The good news is that the law does provide for cohabitees under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows a claim to be made by a person, who, for a period of two years ending immediately before the date of death, was living:
- In the same household as the deceased, and
- As if that person and the deceased were a married couple or civil partners.
The test that the Court will apply is whether you were ‘living as husband and wife’ for that period of two years immediately before death.
If you are in any doubt then you can contact one of our expert team for a free assessment. Our lawyers specialise in Inheritance Act cases and are regularly instructed to bring cohabitee claims. There are many case studies on this website of claims we have successfully made, such as the one you can read here.
If you feel that you are eligible, then you need to act fast as all Inheritance Act claims must be brought within six months of the Grant of Probate. We deal with claims on a No Win, No Fee basis, so don’t let worries about legal costs put you off.
For further guidance on the question, “Can I make an inheritance claim against my partner’s estate where there is no Will?” please contact our free helpline. Call 0333 888 0407 or email us at [email protected]