Ask a solicitor: My partner passed away, but we weren't married
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Dear Reader,
I offer my heartfelt condolences to you and your children for the loss of your partner and their father. Your situation is very difficult but, unfortunately, not uncommon. I understand how overwhelming it can be to deal with legal matters in the absence of a Will during such a trying time.
In the case of a married couple where one spouse dies without leaving a Will, the surviving spouse is entitled to two-thirds of the Estate, with the remaining third divided among the children. However, as an unmarried couple, the law differs. Your children have inherited your partner's estate in equal shares.
The applicant must also prove financial dependence on the deceased partner. This act allows qualified cohabitants to seek financial relief from the Estate in the event of a partner's death.
The claimant must prove financial dependence on the deceased cohabitant. In the case that the relationship breaks up, a claim can also be made and, again, financial dependence must also be proved to the court.
The court has the power to make orders if it is satisfied that one party is financially dependent on the other and that such dependency arose because of the death of one of the cohabitants.
The court takes into account a range of factors, including the financial circumstances, needs and obligations of each qualified cohabitant, the rights and entitlements of any spouse, civil partner or former spouse or civil partner the rights and entitlements of any dependent child, the duration of the relationship, the basis of which the parties enter the relationship and the degree of commitment of the parties to one another.
The Act would allow the court (if it considers it appropriate) to make provision for you from your late partner's estate (his money and property) if it is of the opinion that he failed to make adequate or any provision for you in accordance with his means, whether by Will or otherwise.
Cohabiting couples do not have automatic rights, and each case is decided based on its circumstances. To claim a share of your partner's Estate, you will need to engage a solicitor to represent you in court. It is advisable to appoint your solicitor separate from the one representing your children in the Estate proceedings.
I urge everyone in a cohabiting relationship, particularly those with children, to prioritise creating a Will. It can leave your partner in a vulnerable situation if you die. Do not delay what can be done today. Planning for the future can provide peace of mind and security for your loved ones in times of uncertainty.
It has huge relevance today, given that more and more people are choosing to live together before marriage, choosing not to marry at all, or for older couples who are divorced and do not wish to marry again but to live with a partner.
