Evicting late Father's partner - advice needed

Brock_and_Roll

Mojisola wrote: »

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.

Playing devils advocate here, why on earth should she move? She was living with her partner "as man and wife" for years and as such it is "her home". The Inheritance (Provision for Family and Dependants) Act 1975 gives her the opportunity to make a claim against the estate to reflect her position. If she gets legal advice, that's what they will tell her.

My understanding of the history of this legislation was that it was originally to help in scenarios such where for example there was a disabled child living a the family house but the will had made no provision for support.

However it seems that over the proceeding decades, and with more emphasis on sexual equality, that this legislation has been used in a much wider set of cases.

For example you get cases now where there is a rich businessman that earns all the income and owns all the assets - the argument now is that he may not have been successful if it were not for the support, sacrifices and love of the wife.

In my case my father's will expressly made it clear that my mother (not his live in partner) was the sole beneficiary however the will was still challenged and ultimately we had to pay out despite in our particular circumstances and for reasons I cant mention here, it was very unfair to my mother.

Mojisola

Brock_and_Roll wrote: »

Playing devils advocate here, why on earth should she move? She was living with her partner "as man and wife" for years and as such it is "her home". The Inheritance (Provision for Family and Dependants) Act 1975 gives her the opportunity to make a claim against the estate to reflect her position. If she gets legal advice, that's what they will tell her.

If she had sold her own home and the money had been used within the relationship, she would have a stronger case.

The fact the her partner provided an income for her through her pension but didn't make a will means that the family home, which had also been their mother's home, goes to the children.

I don't think she's got as strong a case as you think.

xylophone

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

This case seems to me rather different.

Firstly, there is no will, so the intestacy laws apply.

Secondly, the OP's father has provided for the partner by naming her as beneficiary of his pension.

Thirdly, the partner has a house which she owns within yards of the property in question which ultimately she can occupy - she cannot even claim that she would have to move miles away from friends etc.

Beth42

Brock_and_Roll wrote: »

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.

Sorry this happened to you. It sounds like a horrible situation. I hope this one does not turn into a legal battle.

I know its only my side of the story but I don't think she will be poor if she has to move back to her own house. If she was going to be destitute then I probably would make provisions as I don't think my dad would've wanted her to struggle....
They seemed to be comfortably off, she retired in her early 50's and my Dad was semi retired. They went on a few holidays per year and each had nice cars.
I assume she lives off her private pension, rent from the house and possibly money from previous marriages. She has been married at least twice before, so not sure what arrangements she has with the ex husbands... It is also my understanding that she was legally married to someone else for some of the years that she was with my Dad - not sure if this makes any difference?!
I believe my Dad would've wanted myself and brother to have the house, as mentioned, it was owned by my mother and father before she passed away and purchased with some of the proceeds from a previous house they owned together. I am not going to challenge him leaving her the pension.
I am drafting a letter today as previously suggested so fingers crossed she becomes more cooperative.

Sibz

xylophone wrote: »

https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/how-long-does-probate-take-without-a-will/

According to the law in England and Wales, when someone dies without a Will, the Rules of Intestacy apply. They determine who should inherit the deceased person’s Estate, putting the deceased’s relatives in an order of priority. So if their husband, wife or civil partner is still alive, he/she will be the main beneficiary.

After a spouse or civil partner, the order of priority is:

1.Children

Not sure how this may differ in England - but is there not common-Law partner if they've been living together for years?

Mojisola

Sibz wrote: »

Not sure how this may differ in England - but is there not common-Law partner if they've been living together for years?

No. ...................

Sea_Shell

Can you bring a case under the Inheritance Act against an intestate estate?

markin

Sibz wrote: »

Not sure how this may differ in England - but is there not common-Law partner if they've been living together for years?

So that myth comes from Scotland then?


But all the contested will's would seem to indicate the is "common-Law partner" in England, wales.

Mojisola

markin wrote: »

So that myth comes from Scotland then?

But all the contested will's would seem to indicate the is "common-Law partner" in England, wales.

If someone is being financially supported by the deceased, they have a right to claim against the estate - that seems to be the main reason used.

Brock_and_Roll

I am not saying that she has a strong case, but she has a case.

My advice would be to keep things as civil as possible - once the lawyers go head to head with their pre-rehearsed and well practiced sparing, then they will keep the case going until all the juice is drained out in fees!