Cohabitees and the Intestacy Rules
Posted on 20th February 2024
Cohabitees and the Intestacy Rules: How You Can Expect to be Supported if your Cohabitee and Partner Dies
When your loved one dies, it’s an incredibly stressful time, with the loss of your loved one, plus all the added stresses that you need to deal with. Hope Jordan, Trainee Solicitor, and a future Probate Solicitor in Lancaster, discusses what rights cohabitees have on death, and the bereavement payments available to cohabitees.
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Does my partner inherit if I die without a Will?
The answer is no: under the Rules of Intestacy, a partner or cohabitee does not benefit if you die without a Will. Joint property is an exception to this rule, and any assets held in joint names as joint tenants, such as property, or bank accounts held in both names, will normally pass by survivorship to the joint owner. In addition, any assets nominated to your partner or cohabitee, or written in trust, such as life insurance and pensions, will pass to them. However, any assets held in your sole name, or joint names with another person, will pass under your Will or to the other co-owner.
Can my partner make a claim against my estate?
Claims against estates can be made under the Inheritance (Provision for Family and Dependants) Act 1975, if a person is within a certain class of beneficiaries and feels insufficient provision has not been made for them. Such provision could be insufficient if the person died without a Will, or even in cases where the person made a Will and the person claiming feels the provision was insufficient. Examples of these classes of beneficiaries includes children (whether minors or adults), people who are financially dependent on the deceased, or people who were treated as children of the deceased.
Another class of people, for example, is cohabitees. However, the level of provision for a cohabitee is not necessarily always a lot; they are entitled to such provision as is necessary for their maintenance. Compared with a spouse, who is entitled to more provision than this, a cohabitee may only receive a basic provision under an Inheritance Act claim.
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How can I make sure my partner is provided for after my death?
The only way to ensure that your partner or cohabitee receives sufficient provision from your estate, the provision you would want them to receive on your death, is to make a Will. Our Probate Solicitors in Lancaster would advise seeking expert legal advice, to ensure you understand how your estate can be distributed, and what provisions, such as trust provisions, might be beneficial to you to include in your Will.
Not only does our Hope Jordan aspire to be a Probate Solicitor in Lancaster, but she can also assist with the preparation of your Will, including provision for your cohabitee or partner. Hope has worked for MG Legal for over 10 years, starting as an administration assistant, and working her way up to Trainee Solicitor, whilst studying relentlessly for her LLB and LLM over the past 8 years. Due to qualify in Summer 2024, Hope has 7 years’ experience in Wills and Probate, and is ready to assist with the preparation of your Will or your loved one’s estate, alongside our Naomi Pinder, a qualified Solicitor of over 35 years.
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Tagged as: Probate, Solicitors in Lancaster
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