RoShamBo

iTrader: (1)

Can anyone help here ?
My wifes monther has been living with her boyfriend for the last 4 years.
She pays the small mortgage & he pays for other stuff (new kitchen, new bathroom etc etc)
Last night the boyfriend died & I would like to know where she stands regarding his assets (he has life insurance)
He had a will - I am not 100% sure if he changed it - he intended to change it so that she got most of his assets as he is not close to his family.
Now his family have come out of teh woodwork & are claining his car, his money etc etc - a nasty bunch all round really.

So.....if he has made a will leaving most to her then I guess fine, if not who is entitled to what - does 4 years living together count for anything ?

Any help appreciated

Ro.

ProperCharlie

who owned the house?

RoShamBo

iTrader: (1)

she does 100%

ProperCharlie

have a look here

doesn't look that promising, i'm afraid.

Mice_Elf

There is no such thing in English law as "common-law". If there is no will leaving everything to your mother-in-law, then I'm afraid she's out of luck.

RichWalk

Not possibly the same question if Will's are involved. From my last experience- does not matter how long u have lived with s'one or how u have contributed unless on starting the relashionship it is recorded on paper etc that the none house owner is specifically contributing to the mortgage of the house, from what I was told u are not classed a common law unless this is in place. At the time I proved it to my ex from docs off the internet. If a rent book was inforce/ kept then this definately removes any common law liability.

RoShamBo

iTrader: (1)

Thanks propercharlie.
It does look like unless he has made a will all assets go to his immediate family as (the important bit) living with someone gives them has no lawful right to any assets if i read correctly.

Ro.

ProperCharlie

[pedant mode]

mice - there is such thing as common law, there just isn't such thing as "common law spouse"

[/pedant mode]

Mice_Elf

PC - that's what I meant and am sure under the circumstances would have been understood.

MattW

This might give you some hope, however I was the "nasty" family that you refer to.

When my father died, he was living with a woman, and had done for 5 years. She had no income, and brought nothing to the relationship except some furniture. She was divorced 4 years prior and had her own settlement, but my father insisted she invest that money for her own future/children. The only income the household had was my father's pension, which he paid his mortgage, all the bills, holidays, car loans etc.

He died intestate, and according to the rules of intestacy all his possessions passed to next of kin, i.e. me and my sister. (Mother and Father divorced cleanly years ago).

I spent a long time decideding what to do re the situation, I considered the fact that his partner had her own money and family, what I thought my father would want, my sister's financial situation, my own and my family, and what my friend's opinions were. I also consulted my Uncle and my wife's family.

My father worked all his life for BT and on death they awarded his partner a 15k pension(50%). Eventually I decided that as I was not making his partner destitute, the estate should follow course of law and pass to me\my sister.

His partner refused to leave the house, and many months of solicitors letters resulted in me paying her £30000 to leave. She took everything from the house, curtains, furniture, family treasures, photographs, beds, white goods.......everything.

Edited to say - his life insurance paid the mortgage off, so we eventually sold the house (2 weeks ago).

I'm sure many people on here will garee, go get a bl00dy will drawn up, it is very important.



[Edited by MattW - 1/7/2004 2:02:53 PM]