Cohabitees can be in a precarious position if their partner dies without making a Will. Unless their shared home is held in joint names and as joint tenants, they could lose all or part of it. In addition, they could be in financial difficulties if they are not left anything by their partner.
In this situation, it may be necessary to make a claim against the estate. The Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act) allows certain individuals to request support from someone’s estate after their death. This includes cohabiting partners, providing certain criteria are met.
Can a Cohabitee Inherit on Intestacy?
If someone fails to leave a Will, then their estate will pass under the Rules of Intestacy. The rules make no provision for cohabiting partners. This means that if a cohabitee’s partner dies without making a Will that provides for them, they will not inherit anything.
If they own a property together as tenants in common, the deceased’s share of the property will pass under the Rules of Intestacy to the deceased’s relatives. This can be a major problem if the relatives want to sell the property and the surviving partner does not have the funds available to buy the deceased’s share.
If the deceased and their cohabiting partner owned a property together as joint tenants, then the surviving partner would automatically own the whole property.
The Laws of Intestacy
The Rules of Intestacy apply to estates where the deceased has failed to leave a valid Will. The rules provide that the deceased’s spouse or civil partner, if they have one, inherits the first £322,000 of the net estate plus all of the deceased’s personal possessions. If the deceased had children, then the remainder is divided into two. The spouse inherits one half and the children will share equally in the other half.
If the deceased did not have children, then the spouse or civil partner will inherit everything. If the deceased did not have a spouse or civil partner, then their children will inherit everything.
If they had no spouse, civil partner or children, then the next relatives to inherit in order are parents, siblings, half-siblings, grandparents and then aunts and uncles.
Bringing an Inheritance Act Claim
The Inheritance Act allows certain individuals to claim a deceased’s estate if they did not receive an inheritance or if they received less than they reasonably need. This could be either due to the fact the deceased did not make a Will or down to the fact the Will did make adequate provision.
Those who can claim include:
- A spouse or civil partner
- A former civil partner or spouse who has not entered into another civil partnership or remarried
- A cohabiting partner who lived with the deceased as if they were a spouse or civil partner for at least two years prior to their death
- A child of the deceased
- Someone whom the deceased treated as their child
- Anyone who was being maintained or partly maintained by the deceased
If claimants are successful, they are entitled to reasonable financial provision. The only exception to this is for claims made by spouses or civil partners, who can claim a sum that might have been awarded had they divorced and which Will is likely to be a higher amount.
Contact Our Inheritance Claims Solicitors
Our inheritance claims solicitors have extensive experience in making cohabitee claims under the Inheritance Act, as well as a strong track record of success. We are often able to resolve matters without the need for litigation.
If you would like to speak to one of our inheritance claims solicitors, email us at info@witansolicitors.co.uk or fill in our contact form and we will help you with your situation, explaining your options.
FAQ
Is a cohabitee entitled to inherit from their partner?
Cohabitees are not entitled to inherit from their partner. This means that if you are living with someone, it is crucial to check that you own a shared property in the right way for your situation and that you both have Wills in place.
What is an Inheritance Act claim?
An Inheritance Act claim refers to a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 for financial provision from the estate of someone who has died.
What will I receive if I make an inheritance claim?
As a cohabiting partner, you will be entitled to reasonable financial provision if your claim is successful. The court will look at your financial needs and the resources available to you as well as the needs of the deceased’s beneficiaries, whether this is under the terms of a Will or the Rules of Intestacy.
Unlike a spouse or civil partner, a cohabiting partner is not entitled to a larger share of the estate, only to a reasonable provision.
The courts have held that maintenance does not mean everything that a claimant would like to have, but neither is it limited to subsistence. They will look at an individual’s needs and whether their everyday living expenses are met.
The wishes of the deceased will also be taken into account, along with the reasons why they made the provisions they did in their Will if they made one. If someone was estranged from the deceased, this will be considered when deciding what it would be reasonable to award.
Who is entitled to make an Inheritance Act claim?
Those mentioned above may be entitled to make an Inheritance Act claim, including spouses, partners and children. Cohabiting partners must be able to prove that they lived with the deceased as a husband or wife for the two years before their death.
It will usually be necessary to provide evidence of sharing property and financial responsibilities as well as evidence that the relationship was in existence for at least two years.
Does an Inheritance Act claim have a time limit?
There is a time limit for Inheritance Act claims of six months from the date of the Grant of Probate or Grant of Letters of Administration. This means you should speak to a contentious probate solicitor as soon as possible if you believe you have a valid claim, as this is a relatively short time limit.
If your claim has not been filed at court within the six months allowed, it may still be possible to go ahead. It will be necessary to explain to the court why the deadline was not met and request permission to claim out of time.
