Disabled woman secures care funding from partner's estate

A law firm is reminding unmarried couples who live together that they have no automatic legal right to the others’ possessions should one of them die.

  

The issue is being highlighted after a Derbyshire client of Stephensons Solicitors LLP, was involved in a dispute over the estate of her partner.

  

The woman, who has mental health problems and is not able to live on her own or manage her finances, has received a settlement from her late partner’s estate after a court case was started earlier this year. The settlement will help to supplement her care, which was formerly provided by her partner.

  

She had been in a relationship with her partner for more than 40 years and during that time, rarely spent a night away from him. He owned his own home and she rented a council property that she had lived in since she was very young. They both lived together, spending the night at either her property or his.

  

Her partner was a very reclusive man, and had no family that he was close to. They were very much in love, and had a very close relationship. Due to her mental health issues, her partner would deal with all of her finances, and provide daily support and care for her, when she needed it. While their living arrangements were unconventional, they lived together as man and wife for over 40 years, never actually getting married.

  

The woman’s partner died in 2010. After his death, she had to engage care services with the local authority, and extra support from her family, as she was unable to manage on her own. She began to struggle financially, as her benefits were minimal and were not sufficient to provide the level of support she required.

  

It then transpired that her partner had not made a Will, and had died ‘intestate’. As they were not married, and did not jointly own any assets or bank accounts, the intestacy rules meant that the woman did not inherit any of his estate, which was valued in the region of £240,000.

  

His entire estate was instead left to his niece and nephew, who were quite distant relatives, and had little, if no, relationship with him. They initially indicated that they were not willing to allow the woman to have any benefit from her partner’s estate.

  

The woman therefore instructed her solicitors, Stephensons Solicitors LLP, to represent her in the claim, and due to her poor financial situation she was eligible for Legal Aid.

  

Heather Korwin-Szymanowska, a solicitor specialising in inheritance disputes, represented her. A claim was brought for reasonable financial provision from the deceased’s estate, under the Inheritance (Provision for Family and Dependants) Act 1975, as a dependant and cohabitee of the deceased.

  

The case was started in Court due to the very short deadline of just six months to issue these claims. The deceased’s niece and nephew disputed that the couple had had a relationship, and that the woman was entitled to anything from the estate.

  

After expert evidence was obtained, it became apparent that the woman required care services in excess of those that could be provided by the local authority, and that had the deceased not passed away, she would have received this support from him. The case recently settled before trial, on the basis of the woman receiving a lump sum of £150,000 from the estate, plus payment of her legal costs.

  

Her solicitor, Heather Korwin-Szymanowska, who is a member of the Association of Contentious Trusts and Probate Specialists, said: “These cases are becoming more and common, as people who live together choose not to get married, but do not think of the consequences when they do not make a Will.

  

Andrew Leakey, managing partner of the social welfare and consumer department, said: “In this particular case, it just goes to show that the family of your loved one will not always agree to allow you to inherit their estate, and you may have to issue a claim.”

  

Contested Will and Estate disputes can be a very complex area of law, and sometimes, the correct advice can mean that disputes are resolved quickly, and at minimal cost to those involved.

  

If you need advice in relation to any area of contentious probate, Stephensons has a specialist Inheritance Dispute team which can be reached by calling 01616 966 229. Legal Aid may be available subject to eligibility.