06 January 2023
When a person dies without having made a Will, they are said to have died “intestate”. This means that the law dictates how their Estate (property and other assets) should be distributed. This applies regardless of what that person may have expressed as their intention or what family members think is fair and reasonable.
Unfortunately, Intestacy Law is quite rigid and in many respects has not kept up with with modern times. There is a strict hierarchy of family members who will inherit.
The spouse (or civil partner) is provided for as a priority, though not always as generously as might be thought appropriate. This is followed the children of the deceased.
If the deceased died unmarried and without children, then parents will inherit instead. If the parents have not survived them, aunts, uncles or cousins may then inherit.
Cohabitees do not automatically inherit
Under the present law there is no automatic provision for cohabitees or unmarried partners, regardless of the length of the relationship, contributions or the presence of children.
If your partner dies without having made provision for you in a Will, then you can potentially apply to the Courts for financial provision under the Inheritance (Provision for Family and Dependants Act) 1975.
You can make a claim if you lived with your partner, in the same household and in effect like a married couple for the whole period of two years before they died.
The Courts will look objectively to see whether Intestacy Law failed to provide reasonable provision for you, and if does not, will decide what you should receive.
You may be awarded a capital sum, income, an option to buy an asset of the Estate or an amount held on Trust.
Time Limit
Andrew Carswell, a member of ACTAPS (the Association of Contentious Trusts and Probate Specialists) notes that you should not delay in bringing your claim because there is a time-limit on making 1975 Act claims. You must apply to the Courts within six months of the date on which the Grant of Representation was obtained.
If you would like assistance in making a 1975 act claim for financial provision, please contact our Dispute Resolution & Litigation lawyers based at our Bournemouth and Christchurch offices for more detail.
Please note, this is not legal advice. It is intended to provide information of general interest about current legal issues.
