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Unmarried couples face uncertainty following death of loved one

An inheritance disputes lawyer is reminding couples who choose to live together, without marrying, to make a Will to ensure possessions are dealt with as they wish.

The warning comes following a recent case involving a 71-year-old woman from Newton-le-Willows, who discovered she had no legal right to her partner’s property following his death.

The couple never married, despite being together for 14 years. They lived in the woman’s home together; however the man had his own house and a substantial amount in savings and investments.

Sadly, without making a Will, the woman’s partner passed away in 2011. This meant, with no Will in place, that his estate passed under the rules of intestacy. Under these rules, if a couple are not married, the surviving partner cannot benefit at all from the deceased’s estate.

In this case, everything passed to her partner’s son, and the woman was not automatically entitled to anything. His son refused to let her have anything from his father’s estate, and denied that she should be entitled.

The woman contacted Stephensons Solicitors LLP for advice on whether she could contest the estate, and bring a claim for some inheritance from her partner’s estate.

A claim was issued against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision. She was entitled to bring the claim as both a cohabitee and dependant of her partner. The claim had to be issued very quickly, as claimants only have six months from the date that a Grant of Probate is issued, or they can lose the right to bring a claim.

The claim was defended initially by her partner’s son, but then settled before trial on the basis that the woman would receive £70,000 from her partner’s estate, plus the son agreed to pay her legal costs.

The woman said: “I didn’t know whether I would be entitled to anything from my partner’s estate, and only contacted Stephensons after a friend told me that I should get legal advice to be sure. I am very glad that I did, and Stephensons dealt with the case very quickly and professionally.”

Andrew Leakey, managing partner of the dispute resolution department, said: “We are delighted to secure a good result for our client and in such a short space of time.

“Very few people know what rights they have when their partners pass away. There are a lot of misconceptions that cohabitees have the same or similar rights to married couples, however this is not the case and it is very important to get specialist legal advice very quickly, before the time limit runs out for them to bring a claim.

“I would also advise everyone, in a couple or living alone, to make a Will to ensure property and possessions are left as they wish.”

Disputing a Will 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 the parties involved.

In this case, the woman initially took advantage of Stephensons’ £79.95 fixed fee appointment to assess if she had a claim. The case and options were discussed, and it was then agreed that the case would be taken on as a ‘no win no fee’ case.


ENDS

Notes to editors

  • Stephensons is a large regional law firm with eight offices across Greater Manchester, Cheshire and Merseyside. The firm has 31 partners and almost 400 staff.
  • Visit www.stephensons.co.uk for more information.

Media information:  Lianne Tracey
                                     Stephensons Solicitors LLP
                                     Tel: 01616 966 229
                                      Email: Lianne.tracey@stephensons.co.uk