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Fiancee has died his family are after his estate - what can i do?
11 Answers
My fiancee has recently passed away and less than 4 hours after his death, his family raised the question of who is his next of kin and who will have the estate?
I was engaged to my fiancee for 4 out of the 8 years that we were living together unfortunately we both had our own homes and had did not have either names on mortgage, bills and life insurance documentation.
I know and mutual friends have said that he did not want his family benefitting from his death - he hadn't seen his next of kin (biological mother) for 30 years and had no relationship at all with his family
Where do i stand on this? We had no children together and all of his belongings are in my property for example car keys, savings books etc, does this mean that whatever he had which is in my property belongs to me??
I was engaged to my fiancee for 4 out of the 8 years that we were living together unfortunately we both had our own homes and had did not have either names on mortgage, bills and life insurance documentation.
I know and mutual friends have said that he did not want his family benefitting from his death - he hadn't seen his next of kin (biological mother) for 30 years and had no relationship at all with his family
Where do i stand on this? We had no children together and all of his belongings are in my property for example car keys, savings books etc, does this mean that whatever he had which is in my property belongs to me??
Answers
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You need proper legal advice and there are a couple of experts on hwere who should be able to help when they see this (barmaid / buenchico) but generally I would have thought you don't have the right to anything unless you were in some way dependent on him which it would appear from your other info you were not.
I take it as terambulan says since you don't mention it that he didn't make a will?
Certainly as a starting point you cannot simply take possession of things belonging to him that happen to be in your home (though of course I'd imagine it would be pretty difficult to prove some of the things weren't yours). Savings and his car will certainly form part of the estate that will in turn go by right of succession to his parents I think.
I take it as terambulan says since you don't mention it that he didn't make a will?
Certainly as a starting point you cannot simply take possession of things belonging to him that happen to be in your home (though of course I'd imagine it would be pretty difficult to prove some of the things weren't yours). Savings and his car will certainly form part of the estate that will in turn go by right of succession to his parents I think.
your late fiance may have made a will if he had a mortgage, if he had a works pension he should have niminated a beneficiary to any lump sum due on death.
His mortgage will likely now be paid off assuming he had life insurance and the house will be sold. He must have had some contact with his family as they were so quick on the scene. are you certain he has not put you as his next of kin in any legal context?
His mortgage will likely now be paid off assuming he had life insurance and the house will be sold. He must have had some contact with his family as they were so quick on the scene. are you certain he has not put you as his next of kin in any legal context?
I have answered a question similar to this before and although I am no legal boffin I will tell you what happened. My friend had his own house and girlfriend had hers. Her name on her her mortgage, his on his. He lived full time at g/friends house. She had 2 children from previous marriage.
He died suddently with no will.
She went through solicitors which was very very costly and was entitled to NOTHING from his estate.
My friends elderly parents eventually inherited everything, which in his case is more than likely what he would have wanted.
You may choose to claim what property of his is in your house, if the family have never seen it how will they know it is his.?
However, car will be in his name so you cannot claim that as paperwork will not be able to be altered legally as he is not around to sign documentation.
Bank books/savings books are of no use as again they will be in his name and you will not be allowed to draw from them, and this is against the law anyway.
This is why it is so important to make a will.
He died suddently with no will.
She went through solicitors which was very very costly and was entitled to NOTHING from his estate.
My friends elderly parents eventually inherited everything, which in his case is more than likely what he would have wanted.
You may choose to claim what property of his is in your house, if the family have never seen it how will they know it is his.?
However, car will be in his name so you cannot claim that as paperwork will not be able to be altered legally as he is not around to sign documentation.
Bank books/savings books are of no use as again they will be in his name and you will not be allowed to draw from them, and this is against the law anyway.
This is why it is so important to make a will.
If there is no will, his family inherits. However, as you were living together for 4 years, you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision. I cannot say what your chances of success would be because that will depend on the facts. However, the one thing that does concern me is the fact that you were living together but both maintained separate homes could have an impact on your claim. You need to seek legal advice immediately.
Anything of his (irrespective of where it is situated) forms part of his estate and you cannot "claim it" - even if is at your house. However, if you bought items jointly, you inherit those through survivorship.
Anything of his (irrespective of where it is situated) forms part of his estate and you cannot "claim it" - even if is at your house. However, if you bought items jointly, you inherit those through survivorship.
I've looked into this for a friend and it seems if your Fiance had no will then his estate will go to his next of kin, which could be any member of his family, it doesn't matter if he never saw them.
Even if you had children together, you still have no rights as a cohabiting partner. If you lived in Scotland this would be different, but a similar bill in England, giving cohabiting couples the same rights as married ones, was thrown out a couple of years ago.
I was supposed to be getting married to my Fiance at the end of the month, but due to bereavement, we will be postponing the wedding. I'm due to have our baby in June and I've insisted we both have wills written, otherwise in the event of either of our deaths, we have no rights to each others property. His will go to his mother and mine to my estranged sister.
You should get legal advice asap.
Even if you had children together, you still have no rights as a cohabiting partner. If you lived in Scotland this would be different, but a similar bill in England, giving cohabiting couples the same rights as married ones, was thrown out a couple of years ago.
I was supposed to be getting married to my Fiance at the end of the month, but due to bereavement, we will be postponing the wedding. I'm due to have our baby in June and I've insisted we both have wills written, otherwise in the event of either of our deaths, we have no rights to each others property. His will go to his mother and mine to my estranged sister.
You should get legal advice asap.
It must be very upsetting for you.
I agree with what Barmaid and others have said.
If you were living together you may have some rights but the question may be asked as to where you both lived, were you truly living together and were you dependent on each other as you had separate homes. Was one home left empty?
I agree with what Barmaid and others have said.
If you were living together you may have some rights but the question may be asked as to where you both lived, were you truly living together and were you dependent on each other as you had separate homes. Was one home left empty?
His place was rented out, he is on the electoral register at my house.
As far as we are aware at the moment, there is no will but then we have only approached one solicitor or at least i have, to establish next of kin or what to do.
It is truly heartbreaking, he really did have no contact at all. Mobile phone records would prove contact for the past 12 months at least. I was the last person he spoke to on the phone.
As far as we are aware at the moment, there is no will but then we have only approached one solicitor or at least i have, to establish next of kin or what to do.
It is truly heartbreaking, he really did have no contact at all. Mobile phone records would prove contact for the past 12 months at least. I was the last person he spoke to on the phone.
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