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Partner has no will has a chance of passing away and becoming intestate
With regards to Inheritance (Provision for Family and Dependants) Act 1975 what is likely to happen in the scenario below, which I will describe as concisely as possible?
1)My partner has a chance of passing away. He has not made a will and i'm not sure he really wants to as he has a strange characteristic around control of money, yet during a rather unpleasant phase in hospital, when he was informed it wouldnt go to me, he did declare he wanted it all to go to me and signed a piece of paper, which obviously isn't enough. I believe his intent was honest at the time.
2)He is still legally married to his estranged wife and their kids of around 18 years.
3)Neither side has made any contact in 18 years.
4)He owns half of our house, in a joint equity release scheme, which says I will inherit his half upon his death.
5)He has a non-joint bank account and possibly some premium bonds and a car
I am also legally married but estranged for 18yrs, with no children to current cohabiting partner or previous marriage. I only get a lower rate state pension and am quite dependent on him.
I own the other half of the house via equity release. We have lived in it for 18 years approximately.
From what i've been reading, upon his death without a will, his estranged wife and kids would all be priority and i would be able to apply for provision.
Am I wrong?
If I'm right, is there a fair percentage I could expect of his "non-house related" assets due to our length of time together etc?
Can they contest the half house clause in the equity release?
Also, if he was going to be able to write a will , would it be better for him to make some provision for estranged wife and children, after all its been a while and the children certainly weren't at fault for the seperation?
Short of a will, is it possible for him to make attempts at partial wills, ie trying to make the effort with perhaps limited ability?
Please advise.
1)My partner has a chance of passing away. He has not made a will and i'm not sure he really wants to as he has a strange characteristic around control of money, yet during a rather unpleasant phase in hospital, when he was informed it wouldnt go to me, he did declare he wanted it all to go to me and signed a piece of paper, which obviously isn't enough. I believe his intent was honest at the time.
2)He is still legally married to his estranged wife and their kids of around 18 years.
3)Neither side has made any contact in 18 years.
4)He owns half of our house, in a joint equity release scheme, which says I will inherit his half upon his death.
5)He has a non-joint bank account and possibly some premium bonds and a car
I am also legally married but estranged for 18yrs, with no children to current cohabiting partner or previous marriage. I only get a lower rate state pension and am quite dependent on him.
I own the other half of the house via equity release. We have lived in it for 18 years approximately.
From what i've been reading, upon his death without a will, his estranged wife and kids would all be priority and i would be able to apply for provision.
Am I wrong?
If I'm right, is there a fair percentage I could expect of his "non-house related" assets due to our length of time together etc?
Can they contest the half house clause in the equity release?
Also, if he was going to be able to write a will , would it be better for him to make some provision for estranged wife and children, after all its been a while and the children certainly weren't at fault for the seperation?
Short of a will, is it possible for him to make attempts at partial wills, ie trying to make the effort with perhaps limited ability?
Please advise.
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