Last Updated on 23rd February 2025
Inheritance lawyer, Naomi Ireson, looks at a case which involved an unmarried woman making a successful probate claim against her late partner’s estate.
For expert guidance on making a probate claim against your partner’s estate contact our recommended solicitors for a free consultation. Call 0333 888 0407 or email us at [email protected].
Although we regularly deal with inheritance claims for cohabitees, the court’s decision in Wright-Gordon v Legister is one of the few reported cases of an unmarried cohabitee making an inheritance claim against a partner’s estate.
The claimant in that case, Arlene, made a claim against the estate of Alonzo Legister (“Alonzo”). Alonzo had died intestate (without a Will) aged 69. Arlene was 41 years old. As Alonzo died intestate, his estate passed under law to his siblings. No provision was made for Arlene. The net value of Alonzo’s estate was in the region of £274,000.
It was Arlene’s case that she cohabited with Alonzo, though she accepted she did not live with him in the same household as a wife for the whole of the two year period immediately prior to his death- a requirement under s(1)(ba) of the 1975 Inheritance Act. She was therefore limited to making a claim under s1 (1)(e) of the Inheritance Act as somebody who was financially maintained by the deceased.
Arlene and Alonzo had cohabited on/off for several years. In 2004 Arlene moved into Alonzo’s house and they lived together as if they were man and wife until their relationship ended in 2007. Arlene then became involved with another man, whom she later married. In 2010, Arlene’s marriage broke down and she returned to live with Alonzo in his house. Alonzo’s brother, Ivan, lived with them also. It was Ivan who was the defendants’ main witness as it was he who had been living with both Arlene and Alonzo and was witness to their relationship.
Arlene said that she and Alonzo were in an intimate relationship but Ivan contested this, suggesting she was merely a lodger who undertook household duties in return for her accommodation.
He said Arlene was provided with rent free accommodation in exchange for which she did some household chores. Arlene countered that the level of chores did not outweigh the value of the rent free accommodation and thus she was maintained by Alonzo.
The Judge had no doubt that Alonzo provided Arlene with accommodation and said she was “very much more than the mere lodger”. The Judge went on to say “she was an integral part of the household”. The Judge was not at all persuaded that Arlene’s services (cleaning, washing, cooking etc) gave full ‘valuable consideration’ for the accommodation provided by Alonzo. The Judge adopted a common sense approach, which took into account the nature of their relationship and the services provided.
Arlene was forced to leave Alonzo’s house shortly after his death and moved elsewhere. She had two adult children who had left home. Her income met her outgoings, but she had no surplus. She had no significant savings or capital and she had debts which included her litigation costs.
At trial Arlene was awarded two years rent and a lump sum to help with her resettlement expenses.
How we can help you make a claim against your partner’s estate
We operate a free consultation service and deal with inheritance disputes nationally on a no win, no fee basis.
So, if you think you may have a probate claim against your partner’s estate, or wish to discuss an inheritance dispute, please get in touch with us on 0333 888 0407 or email us at [email protected]