Inheritance (Provision for Family and Dependants) Act 1975

jacko460c

Does anyone have experience of using this act?

Yorkshireman99

jacko460c wrote: »

Does anyone have experience of using this act? My partner died recently intestate. We were together for 30 years, (engaged for most of that). My partners mother is NOK. She wants to administer the estate but says she does not want any of the estate. We have a house we bought together (paid for) and joint bank accounts.
The house will go to me (joint tenants). if I have to use the 1975 act was wondering if anyone had experience in this area.

Thank you in advance.

Whoever applies for letters of administration is obliged to distribute the estate according to the laws of intestacy. They don't have any option. An unmarried partner unfortunately gets nothing. It is possible to use a DOV to change who inherits but all the affected beneficiaries would have to agree.

Mojisola

jacko460c wrote: »

My partners mother is NOK. She wants to administer the estate but says she does not want any of the estate.

If she doesn't want any of the estate, she could administer the estate according to the intestacy rules and then give you however much she inherits.

She should make sure that won't mean her estate eventually pays inheritance tax or, at the other end of the economic scale, that she won't be open to claims of 'deprivation of capital'.

pmlindyloo

If the house is in a joint tenancy then it will automatically go to you.

Ditto the joint bank accounts.

What part of the estate are you querying?

getmore4less

What assets are you trying to claim?

Given mother want to do the admin but not get anything who is she planning to get the estate assets you want to claim.