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My partner was killed but did not leave a will. Now his wife is claiming our house. What are my rights?
My partner was married to a Roman Catholic woman who refused to agree to a divorce. They initially parted three years ago and she pressed him for an immediate judicial separation which he agreed to. We have been cohabiting for 2 1/2 years but the house is his. We have fostered a baby boy. Three months ago my partner was killed in a road accident. I thought I was provided for but it turns out he did not leave a will and I am informed that the house will go to his wife. Is this right? Don't I or the child have any rights? I have now had a letter from his ex-wife's solicitor asking me for my proposals for vacating the property in order that it can be sold. Please tell me what are my rights...
Anyone in a long-term relationship, particularly if people are living together the issue of wills should be addressed as under the law of intestacy a
cohabitee does not automatically inherit.
Under the Inheritance (Provision for Family and Dependants) Act 1975 anyone who immediately before the deceased’s death was being maintained wholly or partly by the deceased may make a claim for reasonable financial provision.
You must make your claim within 6 months of the date on which probate or letters of administration were taken out, otherwise you will need the permission of the court. You therefore should seek immediate detailed advice specific to your circumstances.
Contact me on 0800 066 99 20 for immediate assistance.
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