General Chat

This question of a couple living together, but not married is one I have been on about for a while. It isn't just a question of children, it is also the question of her rights if anything happens to him. If there is no will, and the children are older - do they have first right to the Estate? or is it hers? Any feed-back would be appreciated. Yes I am married, but I know someone who is not!

Isn't it a question of how long they've lived together? Heather

The live in partner is entitled to nothing if the 'other half' dies intestate.

I'm not sure Heather. It is OK if the kids don't have a problem with their Mum, but otherwise can they take the lot?

Not sure but if there's no will I would have thought next of kin would benefit.may be wrong though.

Wendy that is what I thought. The kids are next of kin, she is 'nothing' to put it bluntly.

are the children you are meaning both of thems??

It's well worth making a will.

Yes Ruth, but next of kin are the children, not the live-in-lover, or whatever you wish to call them.

Yes the children are hers. She assumes she is OK if anything happens, but I am not convinced.

Would have thought that would have made a difference then. The law is really complicated though isn't it. my hubby and I both made wills not that we expect our children to fight when the time comes but I have a daughter from a previous relationship and it seemed easier to sort things out now.

I thought the law had changed in recent times but it doesn't seem so from what I can find on Google. Someone was asking something similar on the Records board a few days ago...there was property involved. Heather

My husband and I have also made wills (2nd marriage - 2 lots of kids). As far as I know the law has not been changed regarding a couple who are not married. If the kids contest, they will win.

If there is no will then the children are the beneficiaries!! A widow's pension is only paid to married couples and the estate would go to next of kin which would be the children!! Not good but true!! xx

That is what I understand the Law to mean Chelsea. Isn't it time it was changed to cover all aspects now?

It should but it won't!! Saves the government money this way with State pensions etc!! Private pensions - I could be wrong but they may be able to amend that to make her the beneficiary!! Please check this as not sure its fact!! xx

His Will might state that she gets the Private Pension, if he has one. He was self-employed, cannot work now due to Government making Electricians do so many exams, at his age he says it is a waste of time.

That isn't enough i don't think honey unless it was very specific!! Pension companies are not funny to deal with!! I have to send Daddy's pension company a copy of their marriage certificate to prove my Ma is that she is the person stated on the pension!! Daft huh? He needs to make sure he has covered all angles!! Just a quick letter that he signs should do the trick! xx

As an aside.... If anyone has next of kin they really don't want to benefit from their will????? Name them in the will and leave them a nominal sum £1. That way they cant contest the will claiming they were 'forgotten' and would have had an entitlement. Harsh but true ! Chris

Not sure how legal that is but worth a thought!! :o)