Messy situation parent passed no will but live in partner

777birdy

My dad has sadly passed away, officially I am  next of kin he has partner not married live together in property that was my parents (divorced) that apparently has some mortgage outstanding not to sound brutal but who is responsible for what and from where? unknown if any wills life insurance funeral costs etc - just not fair if I am to pay funeral solely etc and their live in partner benefits from assets/estate presume not on mortage as doesn't seem to exist financial history /accounts/ID etc any advice insight on how to deal etc and options going forwarx

Many thanks

Flugelhorn

I am sorry to hear that your father has passed away

So no will = intestacy and there is a specific list of people who can inherit ( parents, children, siblings, half siblings etc)

as father had a child then you would inherit. If he owns a house in his name only ie the partner was not on the land registry and he made no provision then you (and any other siblings?) inherit everything

Clearly if he does own the house then the estate is solvent and you will need to use estate assets eg his bank account to pay for the funeral.

You need to contact the mortgage company at some point and also apply for letters of administration 

You need to have a chat to the partner (sympathetically of course as they have lost someone close them) as to what their intentions are - you may have to give them a period of time to find somewhere else etc 

Marcon

777birdy said:

My dad has sadly passed away, officially I am  next of kin he has partner not married live together in property that was my parents (divorced) that apparently has some mortgage outstanding not to sound brutal but who is responsible for what and from where? unknown if any wills life insurance funeral costs etc - just not fair if I am to pay funeral solely etc and their live in partner benefits from assets/estate presume not on mortage as doesn't seem to exist financial history /accounts/ID etc any advice insight on how to deal etc and options going forwarx

Many thanks

Next of kin has no legal meaning in the UK, although we all use it and 'know' what it (or we!) means. You've lost your dad, they've lost their life partner...raw emotions all round.

If he had a live in partner, talking to them is the next step. You need to establish for certain if there is a will, but the immediate priority is funeral arrangements. As there's a surviving partner, I'd make it clear that you are deferring to their wishes in terms of what will happen, which gives a subtle but clear message that they arrange and they pay. Costs can come out of the estate if there's no funeral plan, and presumably(?) that would sit well with you and other family members, even if the partner hasn't been provided for by your dad. 

The partner may be very defensive is there's no will and they aren't on the deeds of the house (you can check at the Land Registry for a small fee: https://www.gov.uk/search-property-information-land-registry Beware websites which have similar names but charge more for something you can do direct yourself with the official Land Registry site. Unmarried partners don't automatically inherit under the laws of intestacy and they can't apply for Letters of Administration. They can make a claim for financial provision if they had lived together for at least 2 years and the survivor was financially supported by the deceased.

Sistergold

I am sorry to hear about your dad passing away. How is the partner? Was she very loving and a good partner to your dad? I know sometimes when we think “partner” we see all the bad but she will also probably have the same concerns that you have. That “he has passed away and am I going to be homeless, how is he going to be buried  and what are the costs?”. She is probably also wondering if there was a will? Also wondering what the son will do? So just know that she also has concerns. From where I stand I pray that both you and her loved your dad and will do what’s best for him, her and you. So it might be worth having a very sensitive discussion not coming from a defensive, attacking starting point. Showing that you want what is best, both of you should not be selfish. Also from your side of things don’t start saying you will foot the burial costs without understanding everything first, let the money come from his estate as it were. 

Keep_pedalling

If your father left no will then he really has not been fair to his partner, she has lost a partner and will sooner or later loose the roof over her head. The only thing she will take away from this are any jointly owned assets. You and any siblings will inherit everything. The only thing she should be paying for is council tax and energy costs while she lives there, everything else comes out of your father’s estate. 

Marcon

Keep_pedalling said:

If your father left no will then he really has not been fair to his partner, she has lost a partner and will sooner or later loose the roof over her head. The only thing she will take away from this are any jointly owned assets. You and any siblings will inherit everything. The only thing she should be paying for is council tax and energy costs while she lives there, everything else comes out of your father’s estate. 

Not necessarily. See my post above and see https://www.lawsociety.org.uk/public/for-public-visitors/common-legal-issues/cohabitation-your-rights. Completely agree with you on the unfairness aspect if he hasn't made a will...having to make a claim and all that entails rather than inheriting as if they were married (depending on the nature of their relationship) is unfortunate.