Evicting late Father's partner - advice needed

AFF8879

Would she be willing/ able to pay you rent to live there? Even if she has some beneficial interest, she can’t seriously expect to be allowed to live there at no cost forever?!

FBaby

Stupid question but are you 100% certain they never married? Sounds like you were on good terms so unlikely but people do strange thing. Also agree that she might be able to get back into her property if rented on a fixed term.

The most likely issue is that it has come to a shock to her that there are no wills. Maybe he made promesses that he has ensure she was protected. 8 years living together is not a new partner.

getmore4less

She should not be able to stop the legal and/or beneficial owners entering the property.

Brock_and_Roll

OP,

I have been through exactly this situation following the death of my father.

Despite no provision in the will, the partner launched a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

Firstly we were strongly advised by the lawyers not to do anything that would be frowned upon by a judge - for example entering the property without express permission of the other person.

The case dragged on for 3 years and despite winning at every level up to the crown court, we eventually had to settle due to the massive risk of losing with costs at the Appeal Court. The claimant was on "no win, no fee".

All in all it cost us circa £60k in legal fees,a 6-figure sum from the estate and mega stress.

I would strongly advise the OP to get immediate legal advise - and I would expect that one solution that will be advised would be for the partner to live in the property for the remained of her life but disclaim any further interest in the estate.

Beth42

Yes definitely not married, we registered the death together and they ask if there was a marriage etc so there would be no reason to withhold it then and assume it would be fraud?!

Yes agree they could’ve made agreements in life but she’s not even saying what they were unfortunately. He left her his work pension actually so she will be provided for, for life.

silvercar

She and/or he may have assumed (wrongly) that living together in the property may have been enough for her to claim rights to live there rent free as long as she needs. He may have assumed (also incorrectly) that his children wouldn't stop her from living there before they eventually inherit.

Brock_and_Roll

silvercar wrote: »

She and/or he may have assumed (wrongly) that living together in the property may have been enough for her to claim rights to live there rent free as long as she needs. He may have assumed (also incorrectly) that his children wouldn't stop her from living there before they eventually inherit.

Alas it is not that simple. Whilst what you say is true, she can make a claim against the Estate under legislation previously mentioned and as a result end up with rights and/or money in lieu.

There are plenty of cases in the media on this over recent years.

In our case, my father was not married to the partner - was still married to my mother. She did not work and made no contribution to the property other than housework etc. Father's will left her nothing.

Could this partner argue that they lived as man & wife with her supporting him, maintaining house etc?

hazyjo

Reminded me I need to sort a will.


My partner lives with me. If I die first, I would want him to stay in the house until he dies (if he can afford to). The mortgage would be cleared as it's not much. Would hate to think my family would boot him out. My mum knows this, but I really do need to get this down in writing :think:


Does anybody know what your dad wanted?

stator

If she has no other means of income then she is probably quite worried.
If she is living rent free and using the rental income to live off, moving back into her own house would make her very poor.

Mojisola

Beth42 wrote: »

He left her his work pension actually so she will be provided for, for life.

stator wrote: »

If she has no other means of income then she is probably quite worried.

If she is living rent free and using the rental income to live off, moving back into her own house would make her very poor.

If she moves back to her own home and the pension isn't enough to live off, she has the option to apply for means tested benefits.