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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have lived with my partner in his property for the past 20

Resolved Question:

I have lived with my partner in his property for the past 20 yrs on and off. He has no will so I presume his property would go to his siblings on his death. However I would like the security of knowing that I would not be immediately evicted and would like a reasonable time,perhaps a year , to make my own arrangements . How can he give me this protection in a legally acceptable way please ?
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. You are correct in stating that if he has no will, and if you remain unmarried, his estate will automatically be passed down under intestacy rules and therefore to his direct family members (parents - children - siblings etc).

It will be for the person who inherits his estate or property to decide on whether you remain in the property, unless your partner makes a will allowing this. There is no automatic right on you remaining in the property but they should provide you reasonable notice to leave - a year would not be reasonable, but something along the lines of a month would be.

In any event, given that you have cohabited, and if you have done so for 2 years immediately prior to his death and he financially provided for you, you would be entitled to apply to court for reasonable provision from his estate.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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