partner deceased - no will left

veritty

Can I ask although I may have this completely wrong is there anything I need to do to safeguard my tenancy in the property whilst this matter will be taken to probate. I am quite confused and scared that the property will be repossessed it was suggested I think that I need to inform land registry and pay a sitting charge (sorry if this doesn't make sense) I'm unsure as to what I should be doing and what steps I need to take. I just don't know where I stand legally as the mortgage was in my partners name and I'm worried I will not be able to stay in my home as this could all take some time sorting out. Any advice at all is extremely helpful and most appreciated.

basil92

I think it would be wise to see a solicitor and get legal advice as soon as you can. Good luck

Keep_pedalling

Unless the total value of his estate is over £325,000 inheritance tax is not an issue anyone should be worrying about.

haras_nosirrah

What an awful situation, I am sorry you are having to face this op. All those people who think marriage is just a piece of paper or who refuse to make a will should take heed

The parents may not be able to forego their inheritance as if they are themselves elderly then to give up all the money in favour of you could be problematic if they are themselves on any means tested benefits or if they have to go into care in the future as they would be deemed to have deprived themselves of asserts and would be treated as if they still had the money

See if there is any way you can make a claim due to being financially dependent on the partner. Were there any pensions or death in service type policies if your partner was working? They may pay out to you

Assuming you cannot afford to pay the mortgage it is very likely the property will have to be sold or it will be taken. Maybe speak to the cab to see if they can negotiate time with the lender involved

I wish you the best of luck but I would say see if there were any old pensions that might have some life cover attached, see if you can claim anything as a financially dependent individual and if partner was working see if there was a death in service policy with his employer

nom_de_plume

basil92 wrote: »

I think it would be wise to see a solicitor and get legal advice as soon as you can. Good luck

As others have said legal advice is advisable but make sure you talk to his parents first and discuss the situation. You certainly don't want to risk alienating them by having a solicitor contact them and possibly upsetting the apple cart unnecessarily.

veritty

This is the exact problem that makes the whole situation messy as described above the parents are elderly and therefore should they need care etc then the property is seen as their asset even if they were to pass the property back to myself . I have thought a lot and certainly need some legal advice but may decide to go down the route of claiming under inheritance act 1975 but will certainly seek advice first and will explain the situation to the parents as to my reasons for having to do this.
Thanks for all advice given on this very sensitive matter.

Land_Registry

veritty - it sounds as if you are heading down the right route re advice etc.
I am assuming the property is in England or Wales and registered in your late partner's sole name - you mention in the OP that it was in your partner's name also, hence my uncertainty although the subsequent posts suggest sole ownership.

I have not heard of a 'sitting charge' so it is important to get legal advice as to what your rights are here and whether you have an interest which is registerable.

Obtaining probate is essential re anyone dealing with the actual legal ownership and it sounds as if that would only be you or the parents who would be applying here. Something to be aware of though and worth checking with the Probate service for more details.

Repossession is a matter for the lender of course so again worth confirming with them as to what their procedures are in such circumstances. Ultimately they would need to go to court to get the required order to repossess and reading other threads that normally does not happen until a minimum of 6 months has passed re non-payment.

As such getting the probate sorted is important as administering the estate affects the mortgage as well and may affect how the lender looks to deal with the administrator/the property?

FreeBear

Yorkshireman99 wrote: »

There is a six month limit for making {Inheritance Act] claims.

Should point out that the clock starts ticking on the six month limit from the date probate is granted and not the date of death. It is also possible to file a claim out of time with the permission of a judge, but the costs escalate for doing so and the judge needs to be convinced that there is a good case.

jackyann

So sorry OP.
As well as the helpful suggestions above, can I also suggest that you make yourself known to Adult Social services, and Housing, if you are not already?

Should the worst happen, either / both of these agencies will need to help you. This means that they have a vested interest in helping you now.

As advice & care seems to vary with different authorities, I can't say exactly what they will do, but I do think it is worth contacting them both. I have known help offered in a similar situation.

Good luck