Gaining a beneficial interest

Sea_Shell

theartfullodger said:

Marriage or civil partnership amongst others.. (eg wife not on deeds but does everything for 30 years...).

Quite right to.

What if, not married, and not able to marry.

elsien

I don’t think it’s quite as clear cut as that, and would probably depend on individual circumstances and the intentions at the time. And ultimately for a court to decide.
For example, a plan to get a joint mortgage but then due to credit history the mortgage is only in one person’s name but both pay to towards it. The intention there would very clearly be that it was a joint asset.

I don’t know that rents would come into it because a)partners don’t pay rent - that makes you a lodger, and b) most people would be contributing to the day today expenses anyway.

In the case I was aware of the gentleman had been the carer to his partner and the intention was always that he would stay in the house for as long as he wanted to. On that basis he basically used all his savings to pay for alterations and upgrades to the kitchen and bathroom. 

Unfortunately the partner then lost capacity and was not able to return home, and died shortly afterwards. He had rather unwisely given her children the cash to sort out the renovations so couldn’t prove that he paid anything. They threw him out a couple of week later by a campaign of harassment that he couldn’t deal with. He did get legal advice but decided that he couldn’t cope with the stress, and couldn’t afford the legal fees anyway. If he had had proof, it would probably have been very different - who uses their life savings on someone else’s house, knowing that they could lose everything? 
My suggestion would be to have these conversations and set things out very clearly right at the start. No-one wants to lose the equity they have built up in a property but equally on the other side no one wants to be homeless after 20 years if things do go pear-shaped for any reason. 

SiliconChip

There's a lot more background in the OP's previous thread https://forums.moneysavingexpert.com/discussion/6647795/gaining-a-beneficial-interest-executor-duty

I'm inclined to agree with @Marcon's final comment in the penultimate post:

"Get some professional advice - it could be much cheaper than opening that expensive can of worms."

Keep_pedalling

It really depends on how the partner views the payment for the work carried out. If it is a gift then no beneficial interest is gained, if it is a loan likewise but it needs paying back. If nothing is documented  then any dispute either after a break up of death of one partner then it is down to a court to decide if becomes contentious. 

theartfullodger

Sea_Shell said:

theartfullodger said:

Marriage or civil partnership amongst others.. (eg wife not on deeds but does everything for 30 years...).

Quite right to.

What if, not married, and not able to marry.

Depending on country (ef=g NI, Walez..) see
https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown

Sea_Shell

theartfullodger said:

Sea_Shell said:

theartfullodger said:

Marriage or civil partnership amongst others.. (eg wife not on deeds but does everything for 30 years...).

Quite right to.

What if, not married, and not able to marry.

Depending on country (ef=g NI, Walez..) see
https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown

Interesting, thank you.

Sea_Shell

I'd rather the threads hadn't been merged.

Especially not to the Death board!!

silvercar

Sea_Shell said:

I'd rather the threads hadn't been merged.

Especially not to the Death board!!

T’was not me!

I’ll move the thread to the housing board for you, though unfortunately I don’t have the powers to un-merge a merged thread.

Sea_Shell

I've amended the title too.

MEM62

Sea_Shell said:

If this isn't formalised before they die, does the executor have a LEGAL DUTY to pursue this for the beneficiaries (especially if they are not the owner)?

I would say that the executor would have to consider the situation but it would be their judgement call as to whether to pursue it. In most cases pursuing it would be complex (so many factors involved) and potentially expensive with no guarantee of a positive outcome.  If nothing had been formally established prior to death then I cannot see how an executor could justify spending estate resources on litigation with only a modest chance of realising this beneficial interest. That would be a very bold decision. 

I am assuming here but if you are a beneficiary you would not be in a position to compel the executor to take action.  Unless, of course, you have the resources to fund and are happy to take the risk of litigation.