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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1162
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been separated from my civil partner 4 years.

Resolved Question:

I have been separated from my civil partner for nearly 4 years. If I die will he automatically inherit my estate?. If I write a will can I exclude him as a beneficiary or just leave a lump sum if I wish?. Thank you.
Andy
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
Thank you for your question
I note that you state that you are civil partners - if you died without a will the you would considered as have died being intestate. If at the time of your death your civil partnership had not been dissolved then your estate will therefore be divided following the rules of intestacy. You civil partner would therefore inherit:
all the personal property and belongings of the person who has died
and
the first £250,000 of the estate,
and
half of the remaining estate.
If you were joint tenants on the property then the whole property will pass to your civil partner under the Right of Survivorship.
It is therefore very important that you do consider making a will. If you are joint tenants in relation to severing a joint tenancy.
If you were to dissolve your civil partnership and deal with the issue of matrimonial finances then your civil partner would not automatically inherit however if you died within one year of the dissolution then you must also be aware that your ex could might make a claim under the Inheritance (Provision for Family and Dependants) Act claiming that reasonable provision was not made for them.
Kind Regards
Caroline
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