Claims against estate of the deceased

Wills are an important part of planning for the future and they are particularly important for unmarried couples. Unlike a surviving husband, wife or civil partner, the cohabitee of a person who dies without having made a will (intestate), has no automatic right to inherit anything under the rules of intestacy.

This is the case even if the couple have lived together for many years, and have had children together.

However, if two people have lived together in the same household as husband and wife, or as civil partners, for a period of 2 years immediately preceding the death of one of them, the surviving partner may apply for financial provision from the estate of the deceased partner. In these circumstances there is no requirement for the cohabitee who is applying for financial provision to have been maintained by their deceased partner immediately before the death, but the extent of their dependence on the deceased partner may be relevant to the exercise of the court’s discretion.

What do I do now?

Taylor&Emmet’s experienced matrimonial team can provide you with expert advice and a sympathetic ear on a range of issues.

Our priority is to resolve disputes as fairly and amicably as possible without lengthy legal battles, but if it is necessary to go to court, your case will be dealt with skilfully, sensitively and efficiently. We are also able to handle urgent cases and matters involving international law.

All of our family lawyers are specialists in their chosen field and as members of Resolution, they are committed to helping couples achieve a fair settlement by negotiation and meetings (collaboration) where possible.

Call one of our family lawyers or fill in the appointment request form.

What do I do now?

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