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Inheriting after intestate when there is an unmarried partner

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  • Inheriting after intestate when there is an unmarried partner

    Hi
    My father died in 2017 without a will, i was his only child and he had a common-law partner who lived with him in his property that he owned solely.
    He left my mother before I was a year old, and never contributed towards me as a child, but we did have some contact when I became an adult.
    When he died, I was automatically appointed solicitors who pushed me to give his unmarried partner life tenancy for the property, because she had the right to continue to live in the property as if he had never died, I had to pay all the solicitors fees and was told this is the best outcome I could have received.

    Now the solicitor who became the trustee is retiring and I have been told they want the title of the property to be placed in both my name and my father's partners name jointly.

    It has took me years to regain the savings I lost paying the fees from last time, and I do not trust this firm who have pressured me and pushed me into making decisions based on their sympathy for my father's partner. I have asked if that will change hers or my rights to the property and they have said they won't advise me unless I agree to take them on as my solicitors again.
    It's just a little flat in the Midlands, but I can't afford to go through another legal fuss.
    I'm very tempted to agree given I already have no rights to the property unless she dies or remarries anyway.

    Thank you to anyone who can offer me any advice
    Tags: None

  • #2
    A sole trustee (assuming that is the case here) cannot retire and leave the trust without a trustee.
    A new trustee needs to be appointed, and that will be as set out in the trust, or failing that, according to trust law.
    (Section 36 of the Trustee Act 1925 provides for the appointment of new trustees)

    It may be by persuading you to make your ownership joint with your father's partner, the trust will be settled and there would be no need for it.

    I certainly would not be taking advice from a possibly hostile solicitor, nor would I consider changing ownership status.
    Others might think differently

    Tagging dslippy

    Comment


    • #3
      There is no need whatsoever to change ownership and it would be foolish to do so. The partner has been given a life tenancy and that is all. She needs to maintain the property to the expected standard, so make sure she does, as it is her responsibility.

      When she dies, or decides to move out, the property is yours to do as you wish, but if you were to change ownership, she may marry and you may then have problems with the husband if she were to die. Seek legal help, but do not be pushed by her solicitor, who's only interest if her.

      Comment

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