Common Law partners and Wills

Shezz

Hi All

Sorry its a bit long winded

I am just about to embark on applying for a grant of probate as one of the executors of a will, but before I bog you all down nearer the time with questions (will really try not to, am reading as many threads to make sure I am doing it right), the whole thing has got me thinking about my own will.

When I die I would like the house to pass onto my children, with my partner (been together for over 30 years) being able to remain in the property until he dies, if he finds someone else that's fine but she would not be able to live there if my partner dies before her.

I lived in this property before meeting my current partner, when my ex and I got divorced  I stayed in the house, eventually I met my current partner who moved in, the house belonged to the council at the time, after being together for a couple of years we decided to buy the house, but as his name was never on the tenancy agreement, they stated that only I was able to apply to buy it as it was only my name on the tenancy agreement.

At the time it never really bothered us that his name was not on the deeds, but as years went by and I started to think like an adult (maybe)  I would worry that If did add his name  to the deeds  and I died first the house would go to my partner, then when he died I believe the house would go to his next of kin or if he married to them, (he could do a will but would he change if after I died, especially if he found someone else), and my kids would get nothing so I resisting having his name put on the deeds.

In my will I have stated that when I die I would like the house to go to my children, but that my partner would be allowed to live in it until he either passes or decides to move (due to meeting someone else). 

Now as I am getting old, I have 2 worries and wish to have a rest from worrying, so wondered if anyone could advise me,  is what I have asked for in my will sufficient enough, would I have to stipulate that he would be allowed to live there rent free (we have paid up the mortgage) and only upon his death or deciding to move out, that my children would then be able to sell the house, or is there now another procedure I should do to make sure that my wishes are adhered to.

Marcon

Common law partners have no legal status in the UK, although cohabiting couples do have some rights when their relationship ends.

Making a new will, with proper professional guidance from a solicitor, should set your mind at rest. What you would like to achieve is perfectly possible but needs to be carefully phrased - especially the bit about 'deciding to move out' which can create all sorts of issues unless worded with proper care.

maman

You said ' we decided to buy it'. So are you saying that even though it was your name on the deeds because of the terms of the original tenancy , your partner helped to buy the house? 

xylophone

Your partner has contributed to the mortgage but you wish to cut out any friend or relation of his from benefiting from the property?

This hardly seems equitable?

Your will  could grant  him  an interest in possession while making the ultimate beneficiaries your children.


You could also leave him a cash sum to recognise as far as possible his contribution to your life together?


You should take the advice of a STEP solicitor concerning  making a will with an Interest In Possession Trust.

https://content.step.org/step-directory

elsien

You need to consider as well who will be responsible for bills and maintenance etc. 

My aunt left her house between her children,  with the stipulation that one child had 2 years there before the house could be sold.
It’s turned into a right mess. 

The executors relinquished and no one else took on the role so the property is still in aunts name with the estate never having been dealt with. The child still living there has declined to leave (it’s now 6 years on), or to pay any insurance and maintenance, and I’m fairly sure at least one of the others is claiming means tested benefits but hasn’t declared they own part of a house they don’t live in. And the house is sinking rapidly into disrepair. 

That’s an unusual worst case scenario, but putting it out there to show why you need good legal advice. 

Keep_pedalling

It seems to me that your partner has a beneficial interest in the house so when he dies his descendants could make a claim on the property, or he could on your death. You really should sort this out as part of getting your wills put in place. It is wrong that your children should be the 100% beneficiaries of a home that you would not have been in a position to buy without his initial financial help in purchasing the place, and presumable the ongoing costs in its upkeep over the last 30 years.

if your estate exceeds £500k then, as you are not married, your estate is going to face paying inheritance tax as nothing will be passing to a spouse. If that is the case then than is something that  

wannabe_a_saver

Would it not be fairer to leave half the house to your partner (as it seems that it is his morally if not legally) and half to your children? 

comeandgo

Does your partner know you are not leaving him any part of the house he has paid towards the last 30 years?

getmore4less

There are a number off issues here, some have been covered in part.

Starting with the basic scenario, 

Your house
Your kids.(not his and assume over 18))
Lifetime interest to the partner.
kids  remainder men of a  IPDI trust. 

This has VERY serious implications for the residential nil rate bands AND the transferable nil rate band.

Your residential nil rate band cannot be used . (not a qualifying IPDI trust life tenant)
Your residential nil rate band cannot transfer. (not a spouse)
Your regular nil rate band cannot transfer. (not a spouse)
He cannot use his residential nil rate band (remainder men of the IPDI trust not a qualifying beneficiary)

if this is an issue will depend on the size of both your estates.


To put this into some context you each only get £325k  as nil rate bands and the house will be counted twice.



if you need to fix this there are options.



you then have the issue of his potential beneficial interest if he has been living in and paying for the place.

getmore4less

Keep_pedalling said:

It seems to me that your partner has a beneficial interest in the house so when he dies his descendants could make a claim on the property, or he could on your death. You really should sort this out as part of getting your wills put in place. It is wrong that your children should be the 100% beneficiaries of a home that you would not have been in a position to buy without his initial financial help in purchasing the place, and presumable the ongoing costs in its upkeep over the last 30 years.

if your estate exceeds £500k then, as you are not married, your estate is going to face paying inheritance tax as nothing will be passing to a spouse. If that is the case then than is something that  

AS above the house is not going to a qualifying beneficiary so only £325k available

xylophone

https://trustsdiscussionforum.co.uk/t/rnrb-unmarried-partners-with-children-from-previous-relationships/3561/4


Some comments in the above which may be of interest.