General Chat

What about the Provision for a 'Common Law Wife' there used to be some legal status for them at one time, Does it still exist under the Property acts?. Hal

Good point Monica. However, if couples are married or in a civil partnership the whole estate can transfer to the surviving member tax free. AL

We know of a case where, on the death of the husband, his family descended on the house and the unmarried partner of many years was homeless and penniless after many years of cohabiting. Everything was in his name and the law gives inheritance rights to blood relatives. Also, if one partner does make a will and leaves the house, etc, to the other, the surviving partner will be liable for inheritance tax which may result in selling the house to pay the tax - 40% on everything above £263,000. With the way house prices have gone up many people are now being caught by this. This is a useful leaflet - but scary if you're not married. www.advicenow.org.uk/fileLibrary/pdf/wills_(colour)_-_27.8.04_1.pdf Monica

Don't believe so. They can have a civil wedding or a religious wedding, which same sex couples can't. AL

Can't opposite sex couples have a civil partnership too? ........... :-))))))))))))))))))))))))))))))

If a person dies intestate and they are not married or in a civil partnership, they are not automatically entitled to part of the estate. However, there is every likelihood that any property may have been bought in joint names - so that would be entitled (I assume) to 50% of the property. With regard to State widows/widowers pensions - these would not be payable to unmarried couples (or couples not in a civil partnership). With regard to a Company pension - this depends on the rules of the scheme and the definitions - although Civil Partners must be given the same benefits as married couples (although not retrospectively). Some Schemes allow payment to be made to common law partners or dependants. Any lump sum payment is made at the discretion of the Trustees, who will take the deceaseds circumstances into account. Members of company schemes should complete an 'expression of wish' form in which they detail who they would like to be their beneficiary(ies) - can be more than one person. However, they are not bound by the members wishes - lump sums must be paid entirely at the Trustees discretion to avoid Inheritance Tax (can be paid to a charity). If an appropriate beneficiary cannot be found for a lump sum, it can be paid to the individual's estate. This may take the estate over the inheritance tax threshold, in which case tax will be due on this. In worse case scenario - absolutely no beneficiaries, the monies will go to the Crown. AL

If you want your partner to share your estate and have not made a will then: If opposite sexes get married If same sex get a civil partnership

They both need to make wills to protect each other, as do my partner & myself. Neither of us have ever been married, nor had children. I was as only child - unless I make a will, the one love of my life & soul mate gets nothing - it would go to about 40 long lost cousins. Similarly, if he doesn't make a will, all his worldly goods will go to his divorced sister, who will pass it on to her already spoiled adult kids.( Although they'd give me his animals to look after) Thats the problem, setting up something to protect partner's interests, but ensuring it doesn't then go to his relatives. Jay

The following might help understand what happens where there is no will. Most company pension funds now make provisions for a pension to be paid to the deceased's partner, as oppesd to spouse, but this required a declaration to be signed before the death of the pensioner, and for it to be approved by the pension trustees as well. If you do not make a last Will and die Intestate, then your estate will be distributed as follows: Order of Entitlement under the Intestacy rules.The administration of estates act 1925 Administration of estates acts provisions. First, where there is a surviving spouse he or she takes everything unless the Intestate left certain relatives. (a) If the Intestate also left issue (that is children, grandchildren and remoter lineal decedents) the spouse and issue share the estate provided the issue satisfy the requirements of the statutory trusts. (b) If the Intestate left no surviving issue, but left a surviving parent or parents, the parent(s) and the spouse share the estate. The parent(s) take(s) the property absolutely or in equal shares. If no parent survives but the Intestate left a living brother or sister of the whole blood (or other issue) they share the assets with the spouse, provided that they satisfy the requirements of the statutory trusts. If the Intestate left no surviving spouse, the estate is distributed as follows. (a) To issue on the statutory trusts, but if none then to (b) Parents absolutely (and equally if both are alive), but if none, then to (c) Brothers and sisters of the whole blood (i.e. the children of the same parents as the deceased) on the statutory trusts, but if none then to (d) Brothers and sisters of half blood, (i.e. those who share one parent with the deceased) on the statutory trusts, but if none then to (e) Grandparents absolutely (and equally if both are alive), but if none, then to (f) Uncles and aunts of the whole blood i.e. brothers and sisters of the whole blood of one of the parents of the deceased) on the statutory trusts, but if none then to (g) Uncles and aunts of the half blood (i.e. those with one parent in common with one of the parents of the deceased) on the statutory trusts, but if none then to (h) The Crown, Duchy of Lancaster or the Duke of Cornwall as “bona vacantia” Section 46(1)(vi) of the administration of estates act 1925 gives the crown a discretion to make provisions for dependents of the Intestate whether they are related to the deceased or not. Similarly the Crown may provide for “other persons for whom the Intestate might reasonable have been expected to make provision”. If the Intestate died resident within the Duchy of Lancashire or in Cornwall, the Duchy or the Duke of Cornwall respectively take the assets as bona vacantia subject to the same conditions. It should be noted that each category must be considered in the order listed above and only if there is no one in a particular category is it necessary to consider the next category. Furthermore since a blood relationship is vital under the intestacy rules, the spouse of a person within one of these categories has no right to share in the estate.

WOW!! I like the idea of doing that for one particular family member!! ;o)

Chelsea If you are responding to my post..... Perfectly legal! My solicitor made me put that provision for my ex in my will :))) Chris

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

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

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

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.

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

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

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

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.

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