Gay rights

kompess

Need advice please.

Gay 1 owns his house outright (no mortgage)
Gay 2 partner moves in (1 and half years ago)
Gay 1 dies without a will drawn up but his wishes were noted by his brother and Gay 2.

What rights does Gay 2 have?

Mojisola

Is this in England or Wales?

Tiddlywinks

Did they formalise their relationship in a civil ceremony?

If not, and there's no will, the partner will have the same rights as any other live in partner (gay or straight)... Normal intestacy rules will apply:

https://www.gov.uk/inherits-someone-dies-without-will

McKneff

If England, gay 2 has no legal rights, any estate goes straight to next of kin.

Mojisola

kompess wrote: »

Gay 1 dies without a will drawn up but his wishes were noted by his brother and Gay 2.

What rights does Gay 2 have?

McKneff wrote: »

If England, gay 2 has no legal rights, any estate goes straight to next of kin.

But if the people who would inherit under the intestate rules are wiling to honour the deceased's wishes, a deed of variation can be drawn up to pass some or all of their inheritance onto Gay 2.

TonyMMM

The fact that either were gay is completely irrelevant - the situation is the same as for any unmarried couple where no will is left.

Rules of intestacy will apply.

kompess

Thank you everyone.
Its England and no civil ceremony.

xapprenticex

No rights to the estate then, goes to next of kin

Edwardia

Suggest you look at https://www.stonewall.org.uk which also has advice line. 08000 502020

Mojisola

TonyMMM wrote: »

The fact that either were gay is completely irrelevant - the situation is the same as for any unmarried couple where no will is left.

Rules of intestacy will apply.

Edwardia wrote: »

Suggest you look at https://www.stonewall.org.uk which also has advice line. 08000 502020

It's not really a gay issue - he would be in the same position whether his partner was male or female.