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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25970
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a will which states that if I die my estate is split

Resolved Question:

I have a will which states that if I die my estate is split 3 ways between my two sons and my partner of 20 years+. My question is if I were to die would my will be honoured as I am told that new legislation says that it wouldn't and my entire estate would go to my partner.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask which legislation you refer to please?
Can you confirm you are not married to your partner?
Do you have any children together - I note you refer to your sons?
Finally do you own any property jointly or joint bank accounts?
Customer: replied 2 years ago.

I am not familiar with the legislation, it was just told to me by a friend.

I am not married but we have lived together for over 20 years.

No children together, my sons are from my first marriage.

I own all the property and we have separate bank accounts.

Thanks

Expert:  Joshua replied 2 years ago.
Thank you. There is no such legislation on the statute books in this country. there are similar provisions to what your friend suggests in many European countries such as France Spain Portugal etc but forced heirship has never been a feature in the UK. there have over the years been various mutterings that unmarried partners who have been in a marriage in effect in all but name should be better provided for and protected by the law but little has been done to take steps to achieve that and there are no proposals to my knowledge being put forward by any of the major parties to provide for such legislation in the near future.There is provision in a piece of legislation known as the Inheritance ( provision for families and dependents) Act that would allow your partner to make a claim against your estate for adequate financial maintenance if you had failed to provide for your partner in your will but the right under this legislation does not extend further than a claim for a reasonable provision for financial maintenance rather than claims for a whole estate. as you are providing for your partner in your will, any such claim under the inheritance act would be difficult and likely limited at best.The final point is if you own any property together jointly with your partner, such as a house or bank account, that joint property would pass automatically to your partner irrespective of what you will said. however, from what you say, you do not have any joint property so this is not relevant to you. In general terms, providing you consider you have made reasonable financial provision for your partner for reasonable financial maintenance for a modest lifestyle, theer is little prospect of a successful claim available to your partner under the inheritance act and certainly, there is no legislation that provides that your whole estate could be claimed by your partner. Indeed, if you're will was not valid for any reason, your partner is entitled to nothing as a starting point under the intestacy rules and everything would go to your sons. however, providing you will has been correctly prepared and witnessed (and not witnessed by any of your beneficiaires or they will not inherit) your will will be valid and enforceable. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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