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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 10180
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have lived one years with my partner who has died he has

Customer Question

I have lived for twenty one years with my partner who has died he has left me half of any thing I already own including our home now his half as been left to his daughter and I have to maintain the property which I cant afford I also cared nursed him arranged his funeral with very little help fom his daughter Do I have any rights at all.
Submitted: 5 months ago.
Category: Family Law
Expert:  Aston Lawyer replied 5 months ago.

Hi, thanks for you enquiry. I would suggest that you take urgent legal advice from a local Wills/Probate Solicitor as you may have a claim against your partner's Estate under the Inheritance (Provision for Family and Dependents) Act 1975. This Act allows a party to make a claim against a deceased's Estate if "reasonable financial provision was not made in the deceased's Will. I can't of course given you specific advice as to what claim you would have, but your Solicitor will be able to advise you fully. I can, however, set out below a summary of a recent case, similar to yours--------------------

Earlier this week we read about the case of Joy Williams. This 69 year-old resident of Dorchester in Devon generated headlines by winning the right to her deceased partner’s share of their home despite the fact that they had never married and he had not updated his will at the time he fell victim to a heart attack.

By that point, the couple had been living together for as long as 18 years, owning their property as ‘tenants in common’, a form of ownership which does not allow one party to inherit from the other.

Not only had Joy and her partner Norman never married, but he was in fact still married to his estranged wife Maureen throughout his time with Joy. So when he died the wife, not Joy, became his legal heir.

When she heard that Maureen Martin planned to sell her share of the property, Joy took to the courts because she could not afford to buy Norman’s share and feared losing her home.

And she has succeeded. A judge declared it “fair and reasonable” that she be given full ownership because she and Mr Martin had lived there in a relationship equivalent in all but legal status to marriage. I hope this helps you. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al

Expert:  Aston Lawyer replied 5 months ago.

Hi, can I assist you any further? Kind Regards Al

Expert:  Aston Lawyer replied 5 months ago.

Hi,

Can I assist any further?

Kind Regards

Al

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