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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Have had a claim put on mums estate by her common law

Customer Question

Have had a claim put on mums estate by her common law partner he has sent a solicitors letter claiming a fifth of the estate . Saying house is worth 200,00.00 it has never been valued
If I signed can he force sale of home
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. On what basis has he made his claim on your mother's estate? Kind regards AJ
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** I shall do my best to help you.If they lived together for more than two years then he does have the right to make a claim against the estate. If he has made a contribution to any alteration or improvement to the house which has enhanced it's value then he has a financial claim on the proceeds of sale of the property.It is for the Executors to deal with the matter if there is a Will - if not then it is down to you and your siblings (if any) to negotiate with her partner.In Order to administer the estate you will need a valuation so that is the first thing to do.You also need to ask the solicitor to justify the claim that is being made How much you may have to pay will depend on how long they have been together and a number of other factors - but yes if he is entitled to a share of the estate you may have to sell the property to pay him - and the sale could indeed be forcedPlease ask if you need further details