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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2738
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter's fiancée committed suicide last September without

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My daughter's fiancée committed suicide last September without leaving a will. They had been living together for 3+ years and she had looked after him through all his illnesses. His blood mother is next of kin by default and has applied for probate to access his death in service ( 70K +) They are refusing to help my daughter even though her fiancée has left her with significant debts (14K). However the only proof of these are through her bank details. She as been ignored sine his death, and is now being actively bullied so the mother and stepfather can have the money. What do you suggest?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. As there was no will, under intestacy rules, you can use this calculator to see who is automatically entitled to his estate: https://www.gov.uk/inherits-someone-dies-without-willUnfortunately, cohabitees have no automatic entitlement to inherit from their partner. However, if 1. she was maintained by her partner in whole or in part immediately before the death; or 2. for two years prior to the death of the deceased they lived in the same household as if they were husband and wife, then she is able to apply under the Inheritance (Provision for Family and Dependants) Act 1975 for the court to make "reasonable provision" for her.In relation to the debts, if these were in the sole name of the partner, then this should be settled from his estate and not by your daughter.If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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