Bereavement benefits for unmarried couple

saving_student

Parents of bf lived together for 20 years but never married. Have 2 children aged 17 and 19, both in full time education. Father died suddenly a couple of weeks ago. House and loans in his name, passed to sons as no will. He was on disability allowance but obviously this has stopped leaving them with a reduced income and debts to settle. The mortgage was paid off but some loans were tied to the house so remain.

When looking around on the internet found some articles which suggested that the law in Scotland was going to change to allow co-habiters to receive a Widow's pension. Does anyone know if this change went through?

Any info on other benefits they should get would be great too, having difficulty persuading boyfriend to go to the CAB as he is the sort who doesn't like asking for help.

black_paw

prehaps go with him to CAb there the best to ask

Js_Other_Half

http://scotland.shelter.org.uk/getadvice/advice_topics/families_and_households/death_in_the_household/if_the_owner_of_your_home_dies/intestacy

http://www.adviceguide.org.uk/scotland/family_parent/family/cohabitation_and_civil_partnership_legal_differences_scotland.htm

homeworkgirl

saving_student wrote: »

Parents of bf lived together for 20 years but never married. Have 2 children aged 17 and 19, both in full time education. Father died suddenly a couple of weeks ago. House and loans in his name, passed to sons as no will. He was on disability allowance but obviously this has stopped leaving them with a reduced income and debts to settle. The mortgage was paid off but some loans were tied to the house so remain.

When looking around on the internet found some articles which suggested that the law in Scotland was going to change to allow co-habiters to receive a Widow's pension. Does anyone know if this change went through?

Any info on other benefits they should get would be great too, having difficulty persuading boyfriend to go to the CAB as he is the sort who doesn't like asking for help.

Not sure about Scottish Law, but I was in a similar position two years ago when my partner died suddenly also leaving no will. I learned the hard way that unmarried partners have no rights and the only benefit I could apply for was a Funeral Grant to help towards funeral costs. We had lived as man and wife for 20 yrs but it counted for nothing. I did not receive Widows Pension, Bereavement Allowance or anything because I did not have that piece of paper saying we were legally married. It's ridiculous.

I really hope that you do find you can receive something under Scottish Law. Good luck and sorry to hear of your loss.

seven-day-weekend

homeworkgirl wrote: »

Not sure about Scottish Law, but I was in a similar position two years ago when my partner died suddenly also leaving no will. I learned the hard way that unmarried partners have no rights and the only benefit I could apply for was a Funeral Grant to help towards funeral costs. We had lived as man and wife for 20 yrs but it counted for nothing. I did not receive Widows Pension, Bereavement Allowance or anything because I did not have that piece of paper saying we were legally married. It's ridiculous.

I really hope that you do find you can receive something under Scottish Law. Good luck and sorry to hear of your loss.

That's because those benefits are only for those people who DO have that piece of paper. There is no such thing as a common-law wife or husband under English law.

I 'm sorry to hear of th OP's family's loss and can only suggest that they take advice from an advisor at the CAB, or another suitably qualified person.

Oldernotwiser

seven-day-weekend wrote: »

That's because those benefits are only for those people who DO have that piece of paper. There is no such thing as a common-law wife or husband under English law.

I have to agree; if certain benefits are available to people who are married, I can't see why they should also be available to people who make different life choices, otherwise they would also have to be available to people choosing to live with siblings or friends.

Bogof_Babe

I hope the many cohabitees on here who keep coming out with the "we don't need a piece of paper to prove we love eachother" line will read this and take note.

I feel sorry for the OP's family but there is no shortage of publicity to the fact that unwed couples do not enjoy the same rights as married ones.

calleyw

Bogof_Babe wrote: »

I hope the many cohabitees on here who keep coming out with the "we don't need a piece of paper to prove we love eachother" line will read this and take note.

I feel sorry for the OP's family but there is no shortage of publicity to the fact that unwed couples do not enjoy the same rights as married ones.

The problem is that so many people believe that if they live together that after X months/years you are common law husband and wife.

common law marriage was abolished in england when Marriage Act of 1753 was introduced.

I mean I even believed it when I was 21. I am a older and wiser and have that bit of paper that gives legal protection as a wife/spouse.

That is why if you don't want to get married then get a will at least you will not leave a partner with nothing.

Yours


Calley

s12s

can't tell you about the benefits position but in scotland a co-habitee can claim equal to the prior rights that a widow/wodower can claim, difference being they have to raise an action so do need to get a solicitor and they have to do that within 6 months of death. It all depends on circumstances as to what the co-habitee will get, there are no cases yet to know what but you can not be better off than you would if you were married. In this case the mother would have a fair chance after that length of time in getting the house etc.

sorry that doesn't answer your question really but just thought i would point it out.

cheap_charlie

I live in Scotland and sadly last year had reason to claim Bereavement Benefit when my husband died.

There is a £2,000 lump sum payment but you can only claim this if you are married or in a civil partnership - co-habitees are not entitled to claim it.

Similarly, I don't think you can claim Widowed Parents Allowance unless you were married or part of a civil partnership.

I haven't heard anything that the law is due to change - and I doubt it would be applied retrospectively anyway (too expensive).

seven-day-weekend

Same here krisskross. I actually dion't see why co-habiting couples SHOULD have automatic legal rights, because usually it is their choice not to make the legal commitment. Can't have it both ways.

The only way to ensure your loved ones are provided for in co-habation is to make a will stating your wishes.