JTaylor

Afternoon all,

My Dad died a few years back and my Granddad shortly after and as a result my Mother inherited a few quid. The mortgage on the house was paid off decades ago.

Mum's now met a fella, which is cool, and he's now put his house on the market and moved in with her full-time.

Now here's the question: given that he's 47 and she's 63, when Mum shuffles off her mortal coil and supposing she predeceases him, what will he be entitled to?

I like the guy and Mum's happy, but I'm damned if my Father and Grandfather's earnings will be going in his sky rocket and not that of my children, nieces and nephews.

Sorry to sound mercenary, but I feel obligated to protect our interests.

Hope you can help,

James

Edcase

Surely she would just specify it in the will?

mark engers

Afternoon Tinker, I trust Tuesday finds you well?

One would assume her wishes will be reflected in her will, so the lion's share will go to the cat's league, the house will go to the toyboy and you'll get the antique lace doily collection.

Gordo

My understanding is that a partner never inherits - unless they are specified in a will.

Without a will, the next of kin automatically inherit in the order husband/wife, kids, brother/sisters/parents (not sure about the last of these).

The bigger issue is if they split up - i.e. is there an issue as a common law husband?

Gordo

rallying1

Correct, although if she leaves everthing to you he may contest if he has an interest in the property ie he sells his place and spends money on hers etc, I deal with this sort of thing from the other end, ie people who die without leaving any will and believe me it is a real pain in the butt.

JTaylor

Afternoon, Engers.

Afternoon Ed,

That's what one would assume and that's how it will be, but will the guy have a legal right to challenge this? He may not even wish to, he's pretty straight ahead, but I'd like to know the legal position should he find Moorland View too comfy to give up.

DCI Gene Hunt

No legal entitlement to anything..... although come the fateful day he will become a sitting tennant in your mothers house for LIFE

JTaylor

Thanks.



This is another consideration, anyone know the score on this?

r32

If your Mum doesnt write a will, he will get everything. I was in the same position a few years back. Thankfully my Dad told me of his plans (he knew he was dying). He planned to leave what cash he had to my Brother and myself but the property to his new wife......
I was able to discuss this with him and said that my Mum would be sad to find out that the house she loved and part bought would go to some one elses children. Bless him he changed his mind and left us the property in trust but for the use of my step mum for as long as she wanted it.

DCI Gene Hunt

No such thing as a 'common law husband or wife'

DCI Gene Hunt

How come if they aren't married?

Karl 227

I thought that after living together for seven years one automatically becomes common law husband or wife?

DCI Gene Hunt

Nope, it's not a legally binding term, it means nothing and even after 50 years of living together your common law partner is entitled to **** all of your empire

PeteBrant

THere was areport on this the other day.

BBC NEWS | Business | Couples warned over inheritance

Basically "common law" partners are not recognised at all - They have no rights whatsoever to automatically inherit. Civil partners/husbands/wives, then children, and other family members - Cohabitees are a distant last - Unless of course specified in the will.

mark engers

This is bunkum and people like you only serve to further inaccurate information for people like Tinker who is simply trying to secure his inheritance from his mother's errant 'soap opera' lifestyle.

JTaylor

Glad your Dad saw sense, r32 and still managed to keep his partner happy.

My Mother's will has been written and the estate will be split between me and my sister.

So the only consideration then is if they split up or if he decided to stay on in the house after mother's passing.

rallying1

hhhhmmmm we are getting into some pretty murkey water here and thats not strictly true although in some situations this may happen.
Anybody has the Legal right to contest anything if they think they have a legitimate claim, its really a matter for them to get some good advice on before taking that step, MOST reputable solicitors would advise their client as to the possiblity of the claim being worth lodging.

i think it may be time for a family meeting and cards on the table myself if you feel comfortable doing this?

r32

So long as she doesnt change it I cant see any problem as your ownership is clear. There may be an issue if he doesnt want to move, ask at Citizens advice.

Karl 227

I see Engers is still breathing then

JTaylor

So what would he potentially be entitled to should they split-up in 3 or 4 years, assuming they're not married? He's done an awful lot of work on the house FWIW.

Edcase

Actually I picture him with a slight wheeze.

DCI Gene Hunt

He can claim against the estate saying he added to it's value, it's a messy one as there are no formal agreements between them and it would come down to "he said/she said"

Grown ups...... what a pain in the ****!

mark engers

Maybe time to get a valuation on those doilies then.

JTaylor

My sisters having those. My Father kindly left me his extensive Dinky Toy collection.

JTaylor

Ok, cheers.

rallying1

Time really isnt the issue its the investment that would be in contested I think, you say he has done a lot of work but who paid for the materials etc, Im sorry fella but this is such a complex issue its not something that you could really answer on a thread, honestly I will give you the same advice I give to the other people I deal with, sit down with everybody and talk about it if you can, it will save a lot of heartbreak in the future believe me.

JTaylor

Ok, thanks for your help.

rallying1

Your very welcome

DCI Gene Hunt

Your both very, very polite

JTaylor

Thank you for all of your help on this thread too, Gene; I'm very, very, very grateful.