Death with no will

macman

Intestacy is never the best choice. The partner will have no rights to occupy the property whatsoever, except as a guest for as long as permitted. If something were to happen to your g/f then the property would be sold or passed on and he would be homeless. Your g/f may respect mum's wishes, but her siblings or parents may not if they inherit.
If your mum still has capacity then persuade her to make a will for his security.
Turning your g/f into a reluctant LL adds a whole host of extra problems and responsibilities.

74jax

How much is the property worth and much cash is there? 

Flugelhorn

Mum can't "wish" to give 60K without it being in the will - you can give it to the partner but that is it, they may agree with that to the move out of the property but on the other hand they may stay. 
seriously worth getting as solicitor to visit to write  will 

YoungBlueEyes

norrisg24 said:

<snip>
Can anyone validate he will not be eligible to administrator the estate, only she will have that granted??

Isn't there a heirarchy of who can administer? Your g/f will 'rank' above him, but he could still be eligible if she doesn't want to do it. 

getmore4less

YoungBlueEyes said:

norrisg24 said:

<snip>
Can anyone validate he will not be eligible to administrator the estate, only she will have that granted??

Isn't there a heirarchy of who can administer? Your g/f will 'rank' above him, but he could still be eligible if she doesn't want to do it. 

As a partner he would not be on the list.
It starts with the beneficiaries.

He could fall into the creditor category if he is owed money.

getmore4less

macman said:

Intestacy is never the best choice. The partner will have no rights to occupy the property whatsoever, except as a guest for as long as permitted. If something were to happen to your g/f then the property would be sold or passed on and he would be homeless. Your g/f may respect mum's wishes, but her siblings or parents may not if they inherit.
If your mum still has capacity then persuade her to make a will for his security.
Turning your g/f into a reluctant LL adds a whole host of extra problems and responsibilities.

That can be avoided through a life interest but that does have other implications

Marcon

YoungBlueEyes said:

norrisg24 said:

<snip>
Can anyone validate he will not be eligible to administrator the estate, only she will have that granted??

Isn't there a heirarchy of who can administer? Your g/f will 'rank' above him, but he could still be eligible if she doesn't want to do it. 

Unmarried partners are specifically excluded when it comes to applying for letters of administration.

Marcon

norrisg24 said:

I've not discussed this with the mum, but I don't think she's realised that gifting the house with a resident adds complexity after she's gone.

In this respect I believe not leaving a will to be preferable because that gives all the assets to the daughter. If she did a will I imagine it would be very complex as the drafter would press her for what ifs about the house? If she said for example " he can stay as long as he wants" that could be 3o years rent free, and no gift to the daughter at all. Let's face it if someone owns a house that you live in free, for life - you effectively own it!!

Do you agree with my assumption ref no will being better, or am I missing something? He will be given the cash and deserves it, if that's the right phrase in the circumstances.

I suppose what I'm suggesting is the cash is fluid but the house is anything but.

Can anyone validate he will not be eligible to administrator the estate, only she will have that granted??

It's not very complex (there aren't that many scenarios) - it's a matter of ensuring clarity.

Maybe the daughter needs to raise the point, as delicately as possible, with her mother? Where does the mum think her long-term partner is going to live once she dies and if the daughter inherits the house?

Flugelhorn

Marcon said:

It's not very complex (there aren't that many scenarios) - it's a matter of ensuring clarity.

Maybe the daughter needs to raise the point, as delicately as possible, with her mother? Where does the mum think her long-term partner is going to live once she dies and if the daughter inherits the house?

absolutely ^ this is the question 

YBR

Marcon said:

Maybe the daughter needs to raise the point, as delicately as possible, with her mother? Where does the mum think her long-term partner is going to live once she dies and if the daughter inherits the house?

This.
The daughter is left an asset that she's got to maintain, where the partner probably assumes he can live there (maybe rent free) for as long as he needs, but daughter has no cash inheritance to look after it and is under no legal obligation to the partner.

I don't know if the daughter is already a home-owner but if not she loses "1st time buyer" status, presumably wouldn't move in with the mum's partner and live there, and probably can't access benefits if she ever comes to need them because of the asset she owns.
Or the daughter becomes a landlord and charges rent - you'll find plenty of reasons on this forum why that might not be easy.
Or the daughter has to evict the mum's partner to either sell or move in herself.
And none of these scenarios are good when you add the emotions of grief and emotional pressure of "what mum would have wanted".

Even if the time for a will is past, the family all need to clearly understand what is actually possible, and why it's not simple.
OP, I'm glad you're asking these questions and understanding it all. I hope you'll be able to support your GF.