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Intestacy: rights of non-next of kin (partner of deceased)


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My best friend recently died without making a will. His considerable estate will come to his father.

 

My friend's partner lived with him for two years prior to his death. In that period his house was transformed by her from an undecorated hovel to a swish country house. I would guess that by her efforts and persuasion at a minimum, £75K would have been added to the value of the property. All the costs though were met by my deceased friend.

 

My question: when the house is sold does she have any claim on the "added value" to the property which she was directly responsible for?

 

Thank you.

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No, she has no claim, if she was not married to him or noted on the deeds as part owning the house.

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Why do you think there could be any legal claim by your friends partner ?

 

She was just a tenant, who helped him decorate the house. If she had outstanding invoices as a home design consultant or had some official legal status, then it would be different.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Did the deceased make her any assurances?

During those 2 years, did the partner act on those assurances to her detriment?

 

Proprietary estoppel is a possibility if so.

https://en.m.wikipedia.org/wiki/Proprietary_estoppel

 

Additionally, if she had been living with him at least 2 years she can't inherit but may still have some claim on the estate.

 

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/#applying_for_financial_h elp

Edited by Andyorch
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