MSE News: Unmarried couples could get greater inheritance rights

Former_MSE_Guy

This is the discussion thread for the following MSE News Story:

"Unmarried couples will be given automatic inheritance rights when one dies without leaving a will, under proposals published today ..."

Read the full story:
Unmarried couples could get greater inheritance rights

yelf

stands to reason. i have seen old ladies left homeless because they didnt marry the perons they lived with as man and wife for over 40yrs.

Legalised-victim

My partner of 7 years died in April of this year, aged 48. She was a gifted, degree-educated Psychiatric nurse. I was 13yrs older than her and we bought a house together 5yrs ago in her name, due to myself being self employed, and aged 56. A year after we bought the house she developed severe depression, and her condition became very much worse until 2 yrs ago she had to take continued sick-leave, and was later admitted to a Psychiatric hospital for a short period. Late in 2008 her union negotiated an excellent retirement package on the grounds of 'ill-health' bearing in mind she had by then 30yrs service with the NHS. As my business was suffering badly due to the U.K. recession we decided to semi-retire on her pension (£18.5k p/a+ £50k. lump-sum), with myself carrying out the odd project, rather than working full-time. This was ideal for us, due to her condition, during which I had already had to care for her on a regular basis over 3-yrs. She suddenly died of a stroke, just 5 days after receiving the application forms for her NHS pension which remained uncompleted on the dining-room table. Immediately after her death I discovered that 'our' mortgage had inadvertently only been insured for unemployment-cover. That there was no will (she'd always claimed that she had an NHS registered will- how could I check that?)', and that under cohabitee-law I had no rights to anything. This included the £3000 I'd only the day before transferred in to her a/c in order to pay household bills. Within 36 hrs of her death I was to all intents a pauper. Her estranged daughter of 24yrs who was heavily involved in drugs and the 'chav'-lifestyle, who had offered no support during her mothers illness, was to get the equity on 'our' home (£60k) and the now meagre £43k settlement 'lump-sum' now offered i.e. as a result of my partners sudden death, by NHS Pensions ( as her 'survivor' I would have rec'd 50% of her pension- if the forms had been completed and returned).I am told that legal costs to challenge this 'automatic' award will be in the region of £10k. I don't have that money, I am therefore destroyed at the age of 62. All of you who simply 'live together' take note, as this new proposal may lie a long way off.

Dinah93

Its a very, very sad story from the gentleman above, but I can't say I'm entirely in support of this. I lived with an abusive, violent man for more than two years, it took me that long to have the courage to leave, and I would hate to think he would have been automatically entitled to my savings and my car and the like, 2 years is not that long for many relationships, most people have been with someone for that long for it to then end.

wizk1

Moral of the story is to write a will, regardless!

Legalised-victim

Refrence Dinah: thats why its proposed as being 5yrs of cohabitating...long enough to decide one way or the other I hope!

northwest1965

I cannot agree more - write a will. Consider a Power of Attorney.
We are currently unmarried and there's many things to consider. If you or your partner is seriously ill, you are not the next of kin so could have no say. All gets very messy.

scubaqueen

If you choose to live together then it is your responsibility to ensure that the legal situation is covered because eventually one of you will be left behind. I don't mean to sound uncaring but this is just the way it is.

Doesn't matter whether you are married, civil partnership or simply living together. Get a watertight will drawn up so that you are each protected otherwise things may not turn out the way the you intend. Many people refuse to consider making wills - some ex colleagues of mine who in other ways are extremely intelligent when asked if they had wills, didn't and thought it was "morbid" and "tempting fate".

We are in the process now of trying to get Guardianship arranged for an elderly relative and see the value of Power of Attorney - another thing that we should all be looking at to ensure our affairs are looked after by the person we want and not someone appointed by the state in case of incapacity.

Legalised-victim

The instant reaction that I received from friends, and aquaintances, at the time of my partners death was "But what about 'common-law' marriage?" or "Didn't the Goverment change the laws on that one, sometime ago?" The answer to both is 'NO!' Common-law marriage status actually died out in the 1700's and the Gov't only 'reviewed' the cohabitation rights a few years ago. No changes passed into Law. As I said, even the above proposed changes may take an awful long time to pass into Law...so spread the word to all your live-in friends. Even a £4.00 D.I.Y legal-will document from W.H. Smiths, properly completed, could save the incredibly desperate and stressful circumstances that I found myself in.

seven-day-weekend

Can't say I agree with the proposals.

Marriage is a LEGAL commitment to each other and if people can't be bothered to do the legal bit I don't see why they should have the same benefits.

However, if a co-habitee wants their partner to inherit, they can write a will. If they can't be bothered to either get married or write a will, then where is the commitment and why should they be treated the same as a couple in a legallly binding relationship?

northwest1965

seven-day-weekend wrote: »

Can't say I agree with the proposals.

Marriage is a LEGAL commitment to each other and if people can't be bothered to do the legal bit I don't see why they should have the same benefits.

However, if a co-habitee wants their partner to inherit, they can write a will. If they can't be bothered to either get married or write a will, then where is the commitment and why should they be treated the same as a couple in a legallly binding relationship?

Its not always about being 'bothered' to get married, what happens if you are with a partner who had his fingers very badly burned and wants to wait a while before getting married. We've been together 3and half years now and are just ready to make the commitment.