My mum left her estate to me and my brother but her live-in partner of 30 years is making a claim...

By THIS IS MONEY REPORTER

Updated:

I'd like advice please on a situation that's recently occurred. My mother passed away leaving her estate divided equally between myself and my brother. 

Her live-in partner of some 30 years, who paid her rent of £100 per week that was just given to her each Friday and not recorded in any book, stopped paying when she went into hospital but carried on residing at her home for 15 weeks. 

She passed away six weeks after going into hospital but he stayed there for another nine weeks. 

 He left a few days ago and stated he was to make a claim on the estate. Apparently because I'd left him a note telling him politely to stop leaving on the TV, lights and the oven. Does he have any legal claim on my late mothers estate?

Legal concern: Does my late mother's partner of 30 years have a claim on her estate?

Legal concern: Does my late mother's partner of 30 years have a claim on her estate?

Ben Rossor, solicitor at Which? Legal, replies: There is legislation known as the Inheritance (Provision for Family and Dependents) Act 1975, which allows certain people to bring a claim for financial provision against an estate.

The claim can only be brought if the person who has passed away was domiciled in England and Wales and the person seeking to bring the claim - in this case, your mother's partner - is a class of person prescribed by the legislation as being able to bring a claim.

Given that they were living together for 30 years and shared domestic arrangements, it is highly likely that the partner would be able to bring a claim as a cohabitee.

This in it itself does not mean that his claim will be successful, just that a claim can be made.

The court will then look at whether reasonable financial provision has been made for the partner, and in this case as no financial provision has been made, what provision should be made, if any.

Ben Rossor: 'It is highly likely that the partner would be able to bring a claim as a cohabitee'

Ben Rossor: 'It is highly likely that the partner would be able to bring a claim as a cohabitee'

When considering whether financial provision should be granted to the claimant, and if so how much, the court looks at a wide range of factors, such as:

• The financial resources and needs of the partner - if he has few funds and limited income he will have a stronger claim

• The financial resources and needs of the sons

• The obligations and responsibilities of the deceased towards her partner and her sons

• The size and nature of the estate - the more money there is in the estate, the greater the claim the partner may have

• Any physical or mental disability of the partner or sons - if the partner has a disability this will strengthen his claim.

The court will look at all these factors and will decide whether any financial provision should be made. This is done on a case by case basis with the court making an award on the individual circumstances of the case.

If you and your brother are not the executors of your mother's will, her executors should be made aware there might be a claim as a matter of urgency.

Meanwhile, it would be advisable for you to take initial legal advice, especially as your mother's partner has stated that he intends to bring a claim.

At this point the advice could be limited to an initial consultation with a lawyer. The strength of any potential claim could be established and whether there are any initial steps that should be taken.

Advice could also be sought on all the relevant timeframes for bringing a claim. A claim will need to be made within six months from when the Grant of Representation is issued.

WHAT IS THE GRANT OF REPRESENTATION? 

A grant of representation is the official seal that you are allowed to access the deceased assets and distribute them. 

Banks and other financial institutions will ask you for this before they will release funds. 

Read a This is Money guide to probate and dealing with someone's estate after they die here. 

If subsequently the partner brings a claim, then it would be strongly advisable to instruct a lawyer to represent you and your brother on a full time basis.

The lawyer will be able to advise on whether it is worth defending the claim, or to accept any settlement terms offered.

If there are settlement terms being offered by the other party, the lawyer can advise on whether it is sensible to accept them and whether they are likely to be more favourable than any potential court judgment.

They can also help draw up a legally binding settlement agreement. The majority of cases do settle before they reach court, with the cost of taking a matter to court being prohibitively expensive, not to mention the emotional strain it can place on individuals, especially when they are in the process of grieving for a loved one.

If you and your brother are executors, you will have access to your mother’s bank statements and can perhaps check her partner's rent payments through her past bank statements. Otherwise, you will need to request that her executors access the bank statements for you, as you will usually need the grant of probate in order to get them.

If the case proceeds to court, there will be disclosure of all relevant evidence by both sides, which might include the rent payments.

 

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