| Where no Will has been made the succession to an estate is governed by the rules of intestacy. These rules, which date back to 1925, are designed primarily to make provision for a surviving spouse and children and failing that the extended family of the deceased. However, they make no provision whatsoever for a surviving cohabitant.
An unmarried couple could have been together for 40 years, raised children and made any number of personal sacrifices for their family but, if the first to die does not leave a Will, the survivor would initially be excluded from benefiting from the deceased’s estate.
Certain assets might still pass to the surviving cohabitant such as bank accounts that were held jointly, or property if it were co-owned by them as beneficial joint tenants (please ask if you are unsure of the capacity in which you are registered as owners), but any assets in the sole name of the deceased would pass to their family members in accordance with the intestacy rules.
A disappointed cohabitant could potentially resolve the matter by making a claim for ‘reasonable financial provision’ from the estate of the deceased where the deceased died intestate (without a Will) or failed to provide for them in their will, if:
- they were maintained by the deceased in whole or in part immediately before the death of the deceased; or
- for two years prior to the death of the deceased they lived in the same household as the deceased as if they were the husband, wife or civil partner of the deceased.
In such cases the court may be requested to make ‘reasonable provision’ for the applicant. There are a series of guidelines which have been set to ensure that the provision made is fair bearing in mind the size of the estate and the circumstances of those with an interest in it.
Although such a claim might well be successful for the surviving cohabitant, it is often the case where the cohabitant is essentially battling with their partner’s surviving family and in some cases, even their own children. This is invariably very stressful and often costly if the battle goes into the litigation arena.
With the number of cohabiting couples increasing we come across these issues frequently and will always strive to assist in resolving the matter as speedily and as cost-effectively as possible. However, it is clear that, both for your own peace of mind and that of your beneficiaries, it would be best to ensure that you have a valid and effective Will in place.
For more help with writing a Will or any other probate matters contact Richard Dale today on 020 7790 2000 or [email protected].
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