Wills Probate & Power of Attorney
Unmarried couples – another good reason to take professional advice when making a will…
4 JUN 2018
The High Court has recently ruled in favour of a woman whose late partner of 42 years left her nothing from his £1.5 million estate. His estate was left to tenants and friends.
The High Court ruled she should be entitled to a share of the estate and granted her one of her late partner’s properties worth £225,000, £160,000 for her future maintenance and care and £28,845 to renovate the property.
The court took into account the length of their relationship and her financial dependency on her partner. The court considered granting her a right to reside in the property but decided an outright gift was more appropriate so she would not have to ask the intended beneficiaries for permission to renovate the property. She also received a lump sum towards the renovation.
In the current legal system partners have no statutory rights to their late partners’ estates. Without a will an unmarried party is left to rely upon the courts assessment of the individual circumstances of their position in deciding whether they are entitled to provision and if so to what extent. As in this case, such litigation is lengthy, long-winded and costly.
We would always recommend that cohabiting couples take professional advice when making a will to ensure that their wishes whatever they are can be justified and robustly defended if challenged, and to avoid the need for a partner to make claim to the courts for provision with the associated stress and cost that this is likely to cause.
On the other hand if a will has failed to make proper provision you will need to consult experienced lawyers to claim your rightful share.
Our team at Baines Bagguley Penhale has the relevant expertise to provide cohabiting couples with appropriate advice.
Contact Richard Bagguley or Jan Copestake for further information.
https://test.lawgazette.co.uk/law/cohabitant-entitled-to-slice-of-partners-15m-estate-judge-rules-/5065568.article
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