Her partner of fifteen years had died suddenly. They were not married. She was holding a solicitor's letter sent on behalf of his adult children. It was a formal notice to vacate the home she had shared with him for over a decade.
Her world had collapsed. The relationship with his children, once amicable, was now destroyed. She was facing the loss of her home at 62. The estate was worth around £800,000, including the property. According to the law, she was a stranger to it.
The Rules Are Not Your Will
This happened for one reason. Her partner died without a valid will. When this occurs, your estate is distributed according to the rules of intestacy. These are rigid, impersonal rules set by statute. They do not account for your intentions, your relationships, or your promises.
In England and Wales, the rules do not recognise unmarried partners. Because he had children, his entire estate, valued at over the £322,000 statutory limit, passed directly to them. Her fifteen-year relationship counted for nothing in the eyes of the law. Her only option was to make a claim against the estate as a financial dependant. This is a process that is stressful, costly, and has no guaranteed outcome. The legal fees frequently exceed £25,000.
More Than Money
A professionally drafted will could have prevented this. For a cost of a few hundred pounds, a simple document would have secured her home and her future. It would have named his chosen executors. It would have preserved what was left of the family's relationships. The oversight has cost his estate tens of thousands and inflicted enormous distress.
The concept of a 'common-law spouse' is a dangerous myth in inheritance law. If you are not married or in a civil partnership, a will is the only instrument that ensures your partner is provided for. It is not an optional extra.
These conversations are difficult. We have them every day. If you need to talk it through, we are here.
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Written by Sean Kiani, Estate Planner at Inheritance Made Simple. Sean writes and reviews the firm's guidance on estate planning, wills, trusts and inheritance tax, and works with families across Bournemouth, Poole, Dorset and Central London. Verify Sean's Society of Will Writers membership listing.