partner deceased - no will left

veritty

My partner of 25yrs has recently deceased and sadly no will was ever made. I'm unsure where to go with this as our property which was in my partners name also still has a mortgage left on it. I understand the estate will be left to his parents even though we have lived together for 21yrs. I'm worried as to what will happen and am I able to stay in the property with me not be named on the mortgage? I could do with any advice possible as I am also a disabled person who is extremely vulnerable. Many thanks

Keep_pedalling

How well do you get on with his parents? I would hope under the circumstances they would for go their inheritance in favour of yourself to make up for the negligence of their son to protect you in the event of his death (unfortunately this seems to be common for unmarried couples)

Was the mortgage covered by life insurance?

veritty

I do get on with his parents but I don't know how this will all work out as it's very complicated and sadly there is a lot of different emotions flying about and from experience I know things can end up messy. The extremely sad circumstances is that my partner took his life which has voided his life insurance. I cannot take on the mortgage as I'm unable to work due to disability. Can the mortgage lender repossess the property? I'm so scared at what may happen now.

weeowens

I am surprised that they will not pay out on suicide. Had he recently set the policy up. Usually they pay out on suicide once the policy has been in place 12 months. or that is my understanding.

http://www.monetos.co.uk/insurance/life-insurance/terms-conditions/payout-refusal/

http://www.moneywise.co.uk/insurance/other-insurance/dont-fall-these-insurance-fairytales

http://www.thisismoney.co.uk/money/mortgageshome/article-1587879/Shock-for-suicide-widow.html

veritty

He had the policy 10yrs but states it will not cover self inflicted injury/death.

TonyMMM

veritty wrote: »

Can the mortgage lender repossess the property?

Sadly yes they could - but that is unlikely to happen because the house forms part of his estate.

Whoever administers the estate will have to pay off the mortgage as one of his debts - if there are no other assets to do that other than by selling the house then that is what will have to happen.

Being unmarried, and with no will, you have no automatic entitlement to inherit anything. You should seek legal advice on whether you can make any claim at all against the estate.

Keep_pedalling

As said earlier, hopefully his parents will waive their inheritance, but if that does not happen then as you were his long term partner and were also financially dependant on him, you could formally claim on the estate using the Inheritance (Provision for Family and Dependants) Act 1975 and I would think you would likely succeed in your claim.

You may still have to sell your current home, but you would hopefully have sufficient assets to buy something suitable but smaller.

veritty

Thank you I have looked a little into inheritance act as suggested although it's all very complicated to understand. My partner was my carer and I was financially dependent upon him so I'm thinking I may have to go down this route.
As also suggested above post re enough to pay off the mortgage it may be possible but then the argument is the parents have to pay inheritance tax which is where things are getting messy. It seems to be a no win situation and with so much grief to deal with also.
Would I be best to let the parents deal with it i or should I start making a claim?

Yorkshireman99

veritty wrote: »

Thank you I have looked a little into inheritance act as suggested although it's all very complicated to understand. My partner was my carer and I was financially dependent upon him so I'm thinking I may have to go down this route.
As also suggested above post re enough to pay off the mortgage it may be possible but then the argument is the parents have to pay inheritance tax which is where things are getting messy. It seems to be a no win situation and with so much grief to deal with also.
Would I be best to let the parents deal with it i or should I start making a claim?

It is a dreadful situation but you need to act as soon as possible. There is a six month limit for making claims. As you are on good terms talk to the parents and go and see the CAB or a solicitor ASAP.

veritty

Thank you for the advice yes I've just read that it's only 6 months to make a claim. The parents who understandably don't want all the hassle being elderly themselves so I'm struggling with it and also as a disabled person I'm restricted but I think cab maybe the first point of call to get some understanding and hopefully point in the right direction.

silvercar

As also suggested above post re enough to pay off the mortgage it may be possible but then the argument is the parents have to pay inheritance tax which is where things are getting messy.

Inheritance tax comes from the estate, not the recipients.

So sorry for your loss. Please look after yourself.