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No Will but have I got a case?

chloeH95
chloeH95 Posts: 61 Forumite
Fifth Anniversary 10 Posts
edited 15 January at 4:27PM in Deaths, funerals & probate
I don’t know 

Comments

  • Ayr_Rage
    Ayr_Rage Posts: 3,595 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Sorry to hear of your loss but unfortunately if you were not married or in a civil partnership then the intestacy rules of where you reside will apply.
  • TonyMMM
    TonyMMM Posts: 3,439 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 14 January at 11:08AM
    You may be able to make a court application under the "Inheritance (provision for family and dependants) Act 1975", but would need to show some element of financial dependence on them which isn't really clear from your post. You should take proper legal advice before considering that approach.

    Has the child indicated what their attitude to your situation may be ? Coming to some arrangement would always be preferable to going to court.
  • poseidon1
    poseidon1 Posts: 2,452 Forumite
    1,000 Posts Second Anniversary Name Dropper
    TonyMMM said:
    You may be able to make a court application under the "Inheritance (provision for family and dependants) Act 1975", but would need to show some element of financial dependence on them which isn't really clear from your post. You should take proper legal advice before considering that approach.

    Has the child indicated what their attitude to your situation may be ? Coming to some arrangement would always be preferable to going to court.

    I concur here, although the primary element of 'dependence' would appear to be rent free accommodation especially if OP  has occupied  on that basis for many years and is still in occupation.

    Also agree if child prepared to come to an agreement revolving around the occupied property ( eg a formal lifetime right of rent free occupation subject to maintenance/repairs conditions) this would be preferable to an expensive application to the courts under the 1975 act.
  • Keep_pedalling
    Keep_pedalling Posts: 22,350 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    I am confused, in another thread you have a will being contested because your parents will was witnessed by your wife, but now you are saying you were not married. Can you clarify please.

    https://forums.moneysavingexpert.com/discussion/6623311/will-being-contested/p1
  • poseidon1
    poseidon1 Posts: 2,452 Forumite
    1,000 Posts Second Anniversary Name Dropper
    I am confused, in another thread you have a will being contested because your parents will was witnessed by your wife, but now you are saying you were not married. Can you clarify please.

    https://forums.moneysavingexpert.com/discussion/6623311/will-being-contested/p1

    A very good spot.

    The poster of this new thread should clarify what's going on. My own suspicion is at least two different people using the same username and failing to indicate that's what  is happening. If this is the case it makes it impossible to join the dots having regard to narratives in previous threads.
  • user1977
    user1977 Posts: 19,152 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    I am confused, in another thread you have a will being contested because your parents will was witnessed by your wife, but now you are saying you were not married. Can you clarify please.

    https://forums.moneysavingexpert.com/discussion/6623311/will-being-contested/p1
    The OP was also buying a property in joint names in 2021, and in 2020 had recently split from their boyfriend...
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