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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother passed away recently , she owned her house herself.

Customer Question

hi. my mother passed away recently , she owned her house herself. ,she co habited with a partner for twenty years who is now claiming through provision for family and dependants ,act and now wants 50 per cent of her estate . I know his father has left him 80 thousand pounds recently does this make any difference to his claim .My mother did not make a will I wish she had as she never wanted him to have her hard earned home she paid for . thanks
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth?
Clare
Customer: replied 1 year ago.

hi , my mothers house is is on sale at 130 thousand but will most likely fetch around 115 ? sue

Expert:  Clare replied 1 year ago.
HI
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 1 year ago.

hi , roughly saying 85 thousand i think !

Expert:  Clare replied 1 year ago.
Hi
What financial contribution did her partner make to the household?
Clare
Customer: replied 1 year ago.

AS I SEE IT ANY HOUSEHOLD REPAIRS , UPGRADES WERE SHARED , AS WERE BILLS , THEY SPLIT FOOD BILLS SEPERATELY , PAID FOR HOLIDAYS SEPERATLTY, THEIR FINANCES WERE KEPT SEPERATE , THE IDEA WAS WHATS MINE IS MINE THATS WHY MY MUM DID NOT MAKE A WILL SHE THOUGHT WE WOULD AUTOMATICALLY TAKE OVER THE HOUSE .LITTLE DID WE KNOW , BUT HE WOULD HAVE CLAIMED EVEN IF MY MUM HAD MADE A WILL , IT WOULD BE INTERESTING TO FIND OUT IF HER PARTNER HAD MADE ANY PROVISIONS FOR MY MUM IN HIS WILL WHICH I KNOW HE HAS MADE , SEEMS LIKE HE WILL TAKE 25 PER CENT OF HOUSE BEFORE IT GOES ANY FURTHER THANKS SUE

Expert:  Clare replied 1 year ago.
HI
For clarity - he has said he will settle for 25%?
Clare
Customer: replied 1 year ago.

yes he has said this to my husband , it is a detailed case , you would not believe what has been going on my mother passed away diagnosesed with a brain tumour , and he left her for 3 weeks then she died in the fortnight he came back . yet in his demands for my mothers estate he says he was her her husband ? what sort of a man does that they were not married and would never be . i just think he his trying to call our bluff ? THANKS SUE

Expert:  Clare replied 1 year ago.
Hi
For clarity - he left for three weeks, then returned and was again living there when your mother passed away is that correct?
Clare
Customer: replied 1 year ago.

yes that is correct sue .

Expert:  Clare replied 1 year ago.
Hi
I am sorry for your loss - and these consequences.
Sadly as they cohabited for more than two years her "partner" does have a clim on the property on the basis that he was reliant on her for his housing needs.
If there was a history of household repairs being paid for jointly this just strengthens his claim.
The fact that finances were kept separate helps your argument that there was never an intention to share assets - and his inheritance means that he can no longer argue that he cannot buy anywhere else to live.
Having said all of that - if he will accept 25% of the equity that is likely to be a reasonable deal as it will save you the legal costs of a court fight
Sorry not to give better news please ask if you need further details
Clare

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