We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Need advice as to any possible options available
I would welcome the opinions and advice regarding the situation I currently find myself in.
My partner passed away at the end of January. We were not married, but were together for seven years. He lived with me at my house. He did not have a will (despite him asking me several times to take him to make a will). It was me who put off the discussion for fear of "tempting fate" which I realise now was a bad decision.
I have been into the Bank today, and they have informed me as a partner, I am not entitled to any of his savings, and I need to apply to letters of administration. When I checked, it states that a partner cannot apply for Lettters of Administration.
He was married previously, but his wife died in 2016 and they had no children between them. He had a half brother who is deceased and his parents are also deceased.
He didn't have a house, but has a small caravan and a couple of older vehicles of low value. The value of his estate would probably be 25 - 30 K, most likely less than that.
Even when he was in hospital he kept asking me to take money from his account in case the worst should happen, but he seemed to be improving, so I didn't act upon it. Sadly, he later suddenly deteriorated and passed away.
I am not holding out much hope, but I just wonder if there is any avenue I could explore. He would be heartbroken to know I was facing this situation, so I would welcome any suggestions or advice. Thank you.
Comments
-
"Unmarried partners and close friends do not automatically have the right to apply."
The above is what the website says, not automatic but ….?
https://www.gov.uk/applying-for-probate/if-theres-not-a-will
2 -
did his half brother have any children?
1 -
Yes, I think so, but it’s going back decades before I knew him, so I don’t know names or places.
1 -
Thank you
1 -
Then it is most likely that they will inherit his estate. As you can’t inherit and have no financial interest in his estate you have no obligation to deal with it. If you have arranged his funeral the bank should agree to pay for it by paying the funeral directors directly.
2 -
You have no automatic right to any of his estate but it could be possible for you to make an application under the Inheritance (Provision for Family and Dependants) Act 1975 as a dependant, but you should get specialist legal advice.
3 -
Thank you. The bank did say they would pay for the funeral. It seems so unfair that a relative who never bothered with him will now inherit, whereas I loved him and will get nothing, which would be completely against his wishes. I appreciate your reply and you have confirmed what I feared. Do you know who will have to trace his relatives, and who will be responsible for dealing with the cars (tax/insurance/mot) ?
1 -
Oh, thank you - I’ve never heard about that. Maybe it’s worth me speaking to Citizens Advice ?
1 -
The one good thing here is that you own the home, this situation would be totally disastrous had he also owned the house.
Were the cars treated as joint assets as in you both used them as needed? If they were then you are entitled to do with them as you wish, the same applies to his household chattels. The registered keeper does not determine ownership.
2 -
Yes - like you say it could have been even worse. The cars were used by both of us, as was the caravan. I am named on the insurance as the main driver, as I was considerably younger, and did most of the driving. There is no paperwork associated with the caravan, but it’s a static (not a touring caravan). Thank you again for your help.
1
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354K Banking & Borrowing
- 254.3K Reduce Debt & Boost Income
- 455.2K Spending & Discounts
- 247K Work, Benefits & Business
- 603.6K Mortgages, Homes & Bills
- 178.3K Life & Family
- 261.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards
