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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8325
Experience:  Barrister at law
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Im now 40 but in my 20's I had a partner for 7 years. I

Customer Question

Hi There, Im now 40 but in my 20's I had a partner for 7 years. I walked away with nothing. He has now passed away and his cousin has inhirated the money as he didn't have a will, his death was unexpected. Im very upset as she has even got him a gravestone head which im now buying. I made him alot of money just seems i got nothing out of all those years and now im paying for his gravestone head. we ramined good freinds
JA: Where are you? It matters because laws vary by location.
Customer: in spain at the moment
JA: What steps have you taken so far?
Customer: none just finding out if i have legal right
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
Hi any reply
Expert:  plclegal replied 16 days ago.

Good afternoon.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Customer: replied 16 days ago.
Thank you. I'm tired that investing my years in these men and get nothing back. I was find with his cousin having the money until she could even get him a gravestone head. She inherited about 1 million
Customer: replied 16 days ago.
just need to know if have any grounds
Expert:  plclegal replied 16 days ago.

Yes I understand, please let me type a response, I'll be with you shortly.

Expert:  plclegal replied 16 days ago.

As he did not have a will, then the estate would pass to the nearest surviving relative under the rules of intestacy.

Unfortunately there's no obligation on the beneficiary of an estate to provide a gravestone for the deceased.

Contributing towards his wealth is not a ground for making a claim under the relevant act - the Inheritance (Provision for Family and Dependants) Act 1975.

Under the Inheritance Act, there are certain categories of people who can make a claim against an estate. These are: spouses, ex spouses (who have not remarried), cohabitees, children, people treated as children and dependants. A spouse will receive an award if the Court decides that they have not received “reasonable provision” from the estate; the other categories will receive an award if they have not received “reasonable maintenance”. In making this decision, the Court will consider a number of key factors set out by the Inheritance Act.

In your case, you aren't going to fall under any of the categories of people who can claim.

The other hurdle would be the fact that he did not provide maintenance for you in the years preceding his untimely passing.

So I'm afraid that it does not look like there are any grounds for you to claim on his estate for financial provision.

I'm sorry that this is the case.

Can I clarify anything further for you today?

Customer: replied 16 days ago.
I’m an ex we did not marry. I have never married ?
Expert:  plclegal replied 16 days ago.

Yes, I understand that you did not marry him. You were former co-habitees. But you were not co-habiting recently, so you don't fall into a category of someone who could make a claim - I have set out the categories above in the reply for you.

You would have to a) fall into the category of persons who can claim and b) have received ongoing maintenance or upkeep from him in order to make a claim for reasonable provision from his estate.

I hope that clarifies the position for you?

Expert:  plclegal replied 15 days ago.

I didn't hear from you, but I trust that the information provided was of assistance.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Expert:  plclegal replied 12 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter