Unmarried partner rights after death
With unmarried couples, if one passes away without having made a will it can be devastating. This is because there are no guaranteed inherited benefits under the intestacy rules.
Will I inherit the property?
If the property is held as joint tenants, the surviving partner would inherit the property. If, however, the property was held as tenants in common or solely in the deceased partner’s sole name there is no automatic entitlement. The deceased’s partner’s share in the property would be subject to the intestacy rules. Under these rules, the property or their share of it would pass onto children, parents or siblings rather than the partner. You will retain access to joint accounts but not any made in the deceased’s sole name.
What can I do if I find myself in this situation?
If your partner dies before you without a will and the rules of intestacy mean you are not entitled to their share of the property, it is possible to make a claim under the Inheritance Act 1975. This allows you to make a claim against your deceased partner’s name on the basis that the deceased partner has not made reasonable financial provision for them.
The conditions for making a claim
You must have been living together for at least 2 years leading up to the deceased’s death and any claim must be issued within six months of the granting of probate in the deceased’s estate. This does not mean you will receive everything your deceased partner has. In determining an application, the Court considers the future financial needs of all applicants and beneficiaries, the size of the estate and the physical and mental condition of the applicants. Making a claim can be time consuming and costly and can be contested by the beneficiaries of your partners estate.
How can I protect myself?
A cohabitation agreement to deal with property and finances can be made, which can help with a variety of things such as how bills and rent can be paid, dealing with joint bank accounts and pensions, next of kin rights and arrangements for children and pets. Both parties should consider independent legal advice to ensure satisfaction with the terms of the agreement. The agreements should be reviewed regularly. Cohabitation agreements are normally best considered in tandem with your will, something that our wills and probate team can assist with.
Avoid making common divorce mistakes and contact our family team by email at [email protected] or phone 033 3344 9604. Our Head of Family Law Noelle Heath is a member of Resolution — committed to a constructive approach to resolving family issues.
Author: Shamila Hussain, Solicitor, Family Law
