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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34510
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner has recently passed away and on checking his will

Resolved Question:

My partner has recently passed away and on checking his will he put me as his civil partner which I now find is wrong as this is same sex relationship is there anything I can don
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Did he also use your given name?

Customer: replied 1 year ago.
he did
Customer: replied 1 year ago.
He says I appoint my civil partner Eileen Thompson
Expert:  Clare replied 1 year ago.

Then you need have no worries about the use of the words "civil partner"

It is clear that he meant you and there is no difficulty in your obtaining Probate of the Will.

Please ask if you need further details

Customer: replied 1 year ago.
But I thought putting civil partner meant two people of the same sex and as we obviously wasn't will the will still be legal ? I'm just a bit concerned at showing it to a solicitor or probate if it isn't classed as legal
Expert:  Clare replied 1 year ago.

Such a mistake does NOT invalidate the Will - it is just that - a mistaken use of words and you can obtain Probate

Customer: replied 1 year ago.
Hi I know myself it's just a mistake but is it still legal having this mistake on the will ?
Expert:  Clare replied 1 year ago.

Yes the Will is still Legal

Customer: replied 1 year ago.
Thanks I am just so worried about getting going with this and then find I have a problem.
Expert:  Clare replied 1 year ago.

I understand that but I promise there have been much worse mistakes in Wills and they have still been accepted

Customer: replied 1 year ago.
I don't suppose I could use your quote when I need to
Expert:  Clare replied 1 year ago.

Of course you can - and if you have problems I will help you sort that out!

Clare and other Family Law Specialists are ready to help you