Guidance??

[RichardH]

Hi everyone, I wonder if anyone might be able to help me with a probate situation my aunt is (I believe) about to run into. My aunt (62) has recently (Feb 2023) lost her partner of 50yrs (66). They never got married, and if I'm honest had a relationship which never really seemed like a relationship in any traditional sense..... she's never worked and seems to have regular cash handouts from partner (ie, no joint accounts, no bills in her name etc.....it's really weird)
It transpires that he had a will, but it doesnt seem that she is named in it, although we currently dont know who is actually named. Essentially, i believe she will lose the house (owned, in his name) and basically everything but i don't think she has any understanding of this. I'm not sure that he had any relationship with his family, but I believe there are some relatives (a sister, an uncle, no kids). Possibly of note is that his car was taken after death (owned, not on finance) so I assume that probate is underway?
can anyone give any advice or comment on this?

- will we get to see the will if we are not named? I'm not looking for money by the way, I'm just really confident that this is a car crash waiting to happen and want to prepare aunt.
-Will she be able to claim anything if she is unnamed in will? I assume the will is several decades old, but equally I don't think there is any evidence that they were in a relationship (banks, bills, even photos of the pair)
- will she have to leave the house before it is sold if indeed that is what happens?

Grateful for any help. As I say I think this is going to turn into a really big disaster, but my dad (her brother) and her seem to think she's going to be able to buy a house in a few weeks which I've told them absolutely not to get started on yet.

[Pezza54]

All is not lost.
Under the rules of the Inheritance Act the surviving partner is entitled to make a claim for financial provision from the deceased partner's estate. This is provided the partners lived together for 2 years or more.
There are solicitors that specialize in this sort of claim.
If you haven't seen the will how can you be sure your aunt doesn't benefit from it? After so many years living together it would be mean (or lazy) of her partner not to make a will and make provision for your aunt.

[atticus]

Your aunt may be entitled to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The application would be for "reasonable financial provision". s1(1A) applies to your aunt, on the basis of your information.

IMPORTANT: the limitation period for making a claim is 6 months from the date of grant of probate.

Search here for probate: https://probatesearch.service.gov.uk/

Such claims can and do succeed. I have acted successfully on a few occasions when I was in practice.

[RichardH]

Thanks pezza54! I think my confidence comes from the fact that the car has gone, and that they are looking for beneficiaries, and that she hasn't heard anything about the will. My feeling is that it is "meanness" rather than "laziness" to be honest, it was the most bizarre relationship. I may of course be wrong

also thanks atticus, I'll alert her to this if it plays out as I think it may

[Pezza54]

The car may have gone because your aunt's partner didn't own it (lease or hire purchase)

They may be looking for beneficiaries because he died intestate, without making a will.

If this is the case, your aunt should put herself forward to the solicitor that has been appointed as executor.

[atticus]

People take cars. They are easy to move.

Your aunt needs to consult a solicitor pretty soon.

[maryam]

Who took the car? Who is looking for beneficiaries? Do you know who was the partner's solicitor?

[RichardH]

Hi Maryam. Its difficult to be 100% surr because my aunt is (forgive me for this....) not particularly bright and has been effectively living on handouts from her partner for much of her life. I appreciate it sounds pretty horrific, which I wanted to find out as much as I can from these boards.
anyway, my parents are certain that his car was privately owned with no finance so it doesnt aound like it was HP or anything (but frankly my parents aren't particularly detailed so this may be wrong). I'm reasonable sure it was privately owned, but I don't know who took it. Interestingly, my aunt also said that "someone had been over to value the house", but christ only knows who it was, how they found out (if they've not been instructed by probate).
my assumption is that a) there is indeed a will, b) there is an identified executor, c) someone is searching for beneficiaries and d) she will have to vacate the house imminently. She keeps saying "the Co op are helping me" but doesn't know what they are doing (they arranged the funeral but I can't see how they're helping her otherwise)

[atticus]

Someone needs to sit down and have a long and careful talk with her.

Set up a standing search for Probate. If there is a will, you will see it when probate was granted, or else you will know the man died intestate.

Remember that she has a strict time limit of 6 months from the date of the grant of probate (or letters of administration if intestate) within which to issue a court claim under the Inheritance (Provision for Family and Dependants) Act 1975.