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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been living in someone else's house past

Resolved Question:

Hi, I have been living in someone else's house for the past 20 years and I have proof of that in form of bank statements and HRMC correspondence. There is / never had been a tenancy agreement between him and myself. I have had a secret relationship with him in the past (as he is much older now, and much older than me, and he has been ill). His family does not know about the relationship. I have been giving him £200 each month towards the bills, again there is no written proof to that. He is married to a woman (not sure if legally or not...) in the Philippines and has children with her, and prior to that he has been married and divorced here in England and has son and daughter. He owns a business (Limited Company) and separate to that he owns 20 properties (including the house we currently live in) as an idividual - this is not part of the Company. I know for a fact that he has made a Will, however, I have been told that the Will has been witnessed by his brother (who is not a beneficiary) and his English son, who is a beneficiary on the Will as he is about to inherit the complete whole of the business as per the Will. To my beliefs - if he is a beneficiary he should not be acting as a witness? Furthermore, I am not a beneficiary on the Will. My Question is whether the Will is valid and if not could I be entitled to a share of the property we live in?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are you living together as 'man and wife' and have you been doing so for more than 2 years?
- in respect of the property - have you:
- paid towards the mortgage or paid a deposit?
- added value to the property through renovation?
also:
- do you have children together?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi, No, the relationship was secret since he is married out of the country. I paid him the money each month but it was not specific what it was for. I have not added value into the property and there are no children between us.
Thanks
Miriam
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Miriam
Thank you for your response.
My apologies for my delay in responding to you as I am in court today. This also means that it will be difficult for me to call you.
Unfortunately from what you have said - your are not going to have a direct claim for the property under the trust of land act as to have such a claim you would have needed to have specifically paid the mortgage or deposit or added value to the property through renovation.
It may however still be possible for you to dispute a will if you are not properly provided for. The criteria for such a claim under the Inheritance Provision for Family and Depandents Act allows you to make a claim if you lived together as man and wife for two years prior to the passing. Whilst I note that you have said in your message - that this is not the position as he is already married to a lady in another country - Living together as Man and Wife does not have to mean that you were actually married - it just has to mean that you lived together as if you were - and you have stated in your first post about the house that you live in together so it would appear that this conditions met.
It is worth discussing with your partner as to whether he has provided for you in his will. If he hasnt then you best option is to pursue a claim under the Inheritsnce Act that you have not been properly provided for.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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