MSE News: Unmarried couples could get greater inheritance rights

seven-day-weekend

northwest1965 wrote: »

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.

I meant people who never get married. Nothing wrong with waiting a while.

Legalised-victim

The fact is, that if you're married it almost supercedes a legal-will. Your husband or wife will automatically receive your estate. However, any children involved will not receive any direct benefit, or expectations, unless you specify your wishes in a will. The Family & Dependents Act 1975, allows a legitimate challenge to any will through the Probate Courts....if, you have the money to support a legal-team(@£150-£250 p/hour) and yourself, for a period of up to 18 months. A daunting prospect when all you may be seeking is to retain the roof over your head, and time to grieve for the loss of your loved one.

northwest1965

Legalised-victim wrote: »

The fact is, that if you're married it almost supercedes a legal-will. Your husband or wife will automatically receive your estate. However, any children involved will not receive any direct benefit, or expectations, unless you specify your wishes in a will. The Family & Dependents Act 1975, allows a legitimate challenge to any will through the Probate Courts....if, you have the money to support a legal-team(@£150-£250 p/hour) and yourself, for a period of up to 18 months. A daunting prospect when all you may be seeking is to retain the roof over your head, and time to grieve for the loss of your loved one.

At the moment my OH has a death in service policy with work. If that didnt exist at the time of his death and our property is in joint names, could the children make me sell his 50% share to fund their upbringing?

surreysaver

northwest1965 wrote: »

At the moment my OH has a death in service policy with work. If that didnt exist at the time of his death and our property is in joint names, could the children make me sell his 50% share to fund their upbringing?

When you say 'OH' do you mean spouse or civil partner, or do you mean co-habitee?

If you are married or civil partners, unless you are 'tenants in common', you do not own 50% of the property, you own all of it. Your spouse also owns all of it. Most married couples are not 'tenants in common', they are joint tenants. You both jointly own 100% of the property. Therefore if you OH dies, you still own 100% of the property. This overrides any will.

northwest1965

I mean co-habitee at the moment. Oh god I do hope for not much longer:D

surreysaver

In that case, if you are joint tenants, then you both own the property 100% between you, the same as a married couple. If you are tenants in common, you can specify what percentage of the house you each own. It is when the house is in one person's name that the probelm arises.

Legalised-victim

When one looks at this issue in a detached manner, and outside of any other issues regarding the legalisation of marriage, or perhaps even moral standpoints it makes a certain amount of sense. If we accept that there are many thousands of people living together across the U.K. who may continue for years to do so, then their jointly accumulated wealth, assets etc, will then support the 'survivor' to that relationship. Otherwise, the State may be forced, via the Benefit System, to support that person. The only problem I can forsee, is in the case of pseudo-step-parents, whereby the surviving partner could escape with all the estate and nothing passes to the children of their partner. Which, in effect is the exact reverse of what has happened to myself under the present system. Maybe a 'once n' for all' Govt. information campaign regarding legal-wills, pension nominees, and other 'survivor' issues, would blow away a few of the urban-myths or fears that surround the matter. It may motivate live-in couples, to activate or examine their legal circumstance a little more clearly and responsibly. To my eternal chagrin, I certainly wish that I had been a tad more motivated in that direction.

Crabman

Apologies for bumping an old thread but this is important: if a child of divorced parents (without a spouse/kids of their own) were to die without a will, both parents would be entitled to an equal share of the assets. This means if a father was totally absent during a child's upbringing, he would still be entitled to accept a half share of the child's assets.

I'm not sure what's happened to the inheritance law reform since the change of government but this is something that should be taken account of as it would repulse those who were brought up by a single parent to know their biological father would be entitled to a half share of their assets.

dazza.mk

Crabman wrote: »

Apologies for bumping an old thread but this is important: if a child of divorced parents (without a spouse/kids of their own) were to die without a will, both parents would be entitled to an equal share of the assets. This means if a father was totally absent during a child's upbringing, he would still be entitled to accept a half share of the child's assets.

I'm not sure what's happened to the inheritance law reform since the change of government but this is something that should be taken account of as it would repulse those who were brought up by a single parent to know their biological father would be entitled to a half share of their assets.

What about those where there has been an amicable split during the divorce and a good relationship with the father? (or cases where the mother has walked out.. ie reported cases of the woman who recently won Euromillions). The case is too specific to be dealt with by general intestate law, as you would need some method of specifying the 'rules of intestate' in a specific case (ie a will).