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Mickey O'Neil

Last Will & Testament

By Mickey O'Neil, in General Chat

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Mickey O'Neil

Mickey O'Neil

Posted
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Sorry to post a morbid subject but could someone answer my Q please? (I'm sure there's a couple of legal trainees on here).

If my ma has a common law partner and she dies, what happens to her property etc (if there is no will)?

Benji

Benji

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If you die intestate (without will) there are categories of what goes where with the last resort being the crown if they have no relatives.

There are categories depending on estate capital and whether a person is married or not. I'll try find the figures if no one else has by then.

Benji

Benji

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Before I put any figures note two things:

1. Your mum should really make a will, it's indisputable (minus a couple of extreme exceptions) and will guarantee that everyone gets what they agree to. It can be a tough subject and can lead to family disputes, especially when there is a case of one person trying to work their way into a will. If you're in Leicester a firm like Harvey Ingram LLP or equivalent would be more than happy to draft one up, tell you all legal implications and make sure a person knows the effect of giving people what. The fee they'd charge really would be insignificant relevant to the distress mentally and financially that might be caused by not bothering at all. But if you don't expect her estate to come to a massive amount maybe find a high street wills & probate specialist. Definitely worth persuading your mum to look into it.

2. There are exceptional circumstances to wills and intestacy laws. The main one being the functioning of promissory estoppel in a court. Often a person will make promises to another and think nothing of them. But a court can enforce a promise someone makes which induces another to rely on it to their detriment. So in theory your mum could promise the estate to her partner whom if he relies on it, e.g. quits his job to look after your mum and sells his house to live in her home, he might be able to enforce that promise, taking the money from yourself. So be careful.

Non-married common law partners are not in the statute, but see above about taking it to the courts and note modern society has become more acceptable of non-marriage couples/cohabitants and courts are reflecting this in decisions.

The figures are found on this link here and the bit affecting you is underneath the table (writing in blue writing) as there is no husband.

To summarise:

All money left after fees, debts and taxes are paid will be held on trust for you and any blood-brothers or sisters (not step-) that you might have. However note if your mum has the house with the partner it might have to be sold and your interest going into the proceeds.

Again the best advice is to get a will sorted, you don't want to risk the matter going to court which is very likely if you have any concerns about your mums partner! Also if they were to get married before your mum died that would be a completely different kettle of fish so if that were to happen refer back to the Act.

This is all my opinion of the law as I see it so again trust a qualified solicitor every day of the week over my 1 year of trust law. Hope it helps.

Mickey O'Neil

Mickey O'Neil

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  • Author
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Jeezus. That's a post and half! Thanks very very much.

I'm sure my ma doesn't have a will but it's not a subject I like to discuss with her!

The fact of the matter is this: I have an older sister and younger brother. They both hate my ma's boyfriend...I couldn't care less. I'm 100% certain my sis & brother would take the house away from him if anything were to happen (if they would be allowed).

I really, really don't want to get involved at all...that's my biggest thing. I don't want to fall out with my sis & bro, but don't want to be part of something that makes someone homeless.

Best to get my gobshite of a girlfriend to find out if me ma's done a will then I think :unsure: , and if not, get one done asap. She don't mind talking about stuff like that.

Thanks again Benji.

Benji

Benji

Posted
Posted
Jeezus. That's a post and half! Thanks very very much.

I'm sure my ma doesn't have a will but it's not a subject I like to discuss with her!

The fact of the matter is this: I have an older sister and younger brother. They both hate my ma's boyfriend...I couldn't care less. I'm 100% certain my sis & brother would take the house away from him if anything were to happen (if they would be allowed).

I really, really don't want to get involved at all...that's my biggest thing. I don't want to fall out with my sis & bro, but don't want to be part of something that makes someone homeless.

Best to get my gobshite of a girlfriend to find out if me ma's done a will then I think :unsure: , and if not, get one done asap. She don't mind talking about stuff like that.

Thanks again Benji.

No problem yes I completely understand. I spent a week with a partner who specialises in it and in that short time met so many elderly couples worried about the family disputes being caused most people do just let it blow over and try not to mention it.

The only problem with that is your putting all of your trust in the person in question and elderly people (like anyone!) can do strange things regarding wills.

If there is no will and no exceptional circumstances the house or proceeds are yours and your brother and sisters equally. But by not talking about it you run the risk of:

1. A will existing that gives EVERYTHING to the partner that none of you know about and then its too late, or

2. Some agreement or promise existing that your mum makes and the partner, looking for money, enforces it in court.

Send in the girlfriend :D

Bellend Sebastian

Bellend Sebastian

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I endorse what Benji says. I'm not a legal man, but where I work we're often involved in sorting out the investment sides of estates, and when there's no will it's often a massive ball-ache.

We had a millionaire die on us last year without a will, and it's still not sorted yet.

Your mum may or may not be a millionaire, but drawing up a will isn't particularly expensive and it potentially saves tons of time and aggravation

Mickey O'Neil

Mickey O'Neil

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Send in the girlfriend :D

:crylaugh::crylaugh:

Your mum may or may not be a millionaire,

Deffo not!!(Although some of her brother are).

It would be a massive ball-ache if things are not sorted sooner rather than later.

Thanks very much. Appreciated.

Fox You Forest

Fox You Forest

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I know what's in my prent's will. I need to find some way of killing them and framing my sister, then I'll be RICH

Do it Wild Things style, get Neve Campbell and Denise Richards on the case. Good times.

Guest

Guest

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Good post, Benji :thumbup:

I would only add, having just finished a year on the law of trusts, do get a will drawn up properly, as your last wishes worded incorrectly can also be a ball-ache.

Guest

Guest

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In summary...

Law: it's a ball ache

Be thankful you don't have any, Lisa.

By the way, has anyone ever told you that you look a bit like Officer Russell from The Wire?

No they haven't - I don't even know who you're referring to though.

stez

stez

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in the event of my death, i would like my debts to be evenly distributed between the members of foxestalk.

if i die, you're all stuffed!

Katy

Katy

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in the event of my death, i would like my debts to be evenly distributed between the members of foxestalk.

if i die, you're all stuffed!

You don't have any debts :S unless you're counting the Electricity, which practically everyone is in debt to.

Corky

Corky

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You don't have any debts :S unless you're counting the Electricity, which practically everyone is in debt to.

:o You have electricity in Lincolnshire? :blink::P

*quickly runs off*

Guest

Guest

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I think that's a pretty cool look-alike to have.

Anybody that doesn't watch The Wire, should watch The Wire

I have two questions:

1) What channel does it broadcast on?

2) What are the chances of me having control of the remote?

stez

stez

Posted
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You don't have any debts :S unless you're counting the Electricity, which practically everyone is in debt to.

i expect i will have, one day.

:o You have electricity in Lincolnshire? :blink::P

*quickly runs off*

aye, and east anglia will have it soon enough too ;)

I have two questions:

1) What channel does it broadcast on?

2) What are the chances of me having control of the remote?

1) i think i saw it on bbc2 ( :ph34r: ) late one evening

2) nil

Bellend Sebastian

Bellend Sebastian

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I have two questions:

1) What channel does it broadcast on?

2) What are the chances of me having control of the remote?

It's on BBC2 at about 11.20pm, weeknights.

They're 3 episodes into the second season, so you might be better off trying to borrow the boxsets off someone, because it would be best to go from the start. Carl will love it. I only say that because I've yet to find someone who'd given it a proper go that isn't hooked

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