A Leigh solicitor is warning that the rising number of un-married couples living together now could cause heartache in the future if they have not made a Will.
Stuart Harper from Rochdale contacted Stephensons Solicitors LLP for advice in relation to an inheritance dispute after his partner of 12 years, Linda Clegg, sadly passed away in May last year. The client and his partner had lived together as man and wife for 12 years, nine of which were spent living in a property that had been gifted to his partner by her parents. The property was registered in Linda’s sole name.
Unfortunately, Linda died without making a Will, and as a result her estate passed under the rules of intestacy. These rules meant that, as they were not married, Stuart was not entitled to anything from Linda’s estate, and was at risk of losing what he considered to be his home. As Linda did not have any children, nor were her parent’s still alive, her estate therefore passed to her cousin on intestacy. Prior to visiting Stephensons, Linda’s cousin had not agreed to let Stuart have any entitlement.
At the time he instructed Stephensons, Mr Harper was 58, and therefore close to retirement age. He had no significant savings and owned no assets. As a result, he would not have been able to obtain a mortgage himself. It was always the intention of his partner that the property would belong to Stuart, but unfortunately, a Will was never made. The property was worth in the region of £100,000, and was the only main asset in the estate.
Stephensons’ specialist Inheritance Dispute team advised Stuart that he was entitled to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, for reasonable financial provision from Linda’s estate. He was entitled to do this as Stuart and Linda had lived as man and wife for more than two years, and he was financially dependant on her providing a roof over his head. There was also a moral obligation for the client to have been provided for.
Linda’s cousin had obtained a grant of probate in October 2009. A major difficulty with these claims is there is a time limit of just six months from the date of the Grant of Probate, to bring a claim, and therefore once he had instructed Stephensons, it was important to Act quickly. Whilst the Court does have the ability to extend the limitation for these kinds of claims, once you are aware of the claim, you must act as quickly as possible.
In this case, after corresponding with the solicitors acting for the cousin, a settlement was reached before the need to start a court case, on the basis that the property would be transferred into the client’s sole name, and in return, the client would pay the deceased’s cousin £20,000, as their entitlement from the estate. Effectively, the client has therefore received 80 per cent of the estate and was able to remain in his home.
Andrew Leakey, a partner at Stephensons says: “It is always advisable in cases like this to seek expert legal advice at the first opportunity. In this case, Stuart came to Stephensons at a very early stage and the case was successfully resolved quickly, without incurring the costs of having to start court proceedings.
“This case shows that there are some circumstances in which people may be entitled to a share of their partner or parent’s estate, and with the right legal advice from experts in this field, a positive outcome can be achieved. It also highlights the importance of making a Will to ensure that your loved ones are properly provided for, and do not encounter difficulties after you are gone.”
Stephensons has a dedicated Inheritance Dispute team who can be reached on 01942 777777. Legal Aid may be available subject to entitlement.
ENDS
Notes to editors
The latest edition of Legal 500 ranks Stephensons as a top 60 UK law firm and the fifth largest legal practice in the North West.
The firm has 26 partners and more than 300 staff in five locations: Manchester, Wigan, Bolton, Leigh and St Helens.
Visit www.stephensons.co.uk for more information.
Media information: Lianne Tracey
Stephensons Solicitors LLP
T: 01616 966 229