Under the rules of intestacy, which apply where someone dies without making a Will, a married partner will automatically receive the residuary estate of their spouse on death.

Unmarried couples do not have this same level of legal protection, and parents, siblings and other relatives will take priority under the Deceased’s estate. If one unmarried partner dies, the surviving partner has no automatic right to receive anything under the rules of intestacy, as a married partner would.

On the face of it, this seems unfair, and it will often be the opposite of what was intended between the unmarried couple. Inheritance disputes still arise between unmarried partners when a Will has been made. For instance, the surviving partner may have been excluded from the Will or the provision in the Will could be unreasonable i.e. it does not satisfy the surviving partner’s reasonable financial needs.

A surviving partner can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). If the unmarried couple have been cohabiting together for 2 years or more in a property, the surviving partner can apply under the 1975 Act as a cohabitee. If the unmarried couple had not been cohabiting or had been cohabiting for less than two years, the surviving partner could still potentially make a claim under the 1975 Act if they were financially dependent upon the deceased partner. If either of these claims are successful, the court can either change the terms of the Will, or, if there is no Will, alter the rules of intestacy.

For example, the court can order that any property that the deceased partner owned is transferred solely to the surviving partner rather than to the order as set out by the rules of intestacy or the Will. Financial provision might also be made, as a lump sum, for example.

If you would like information about disputing a will, probate disputes or inheritance disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes. We also have a team of probate lawyers who can assist if you wish to review you current will or to make a will for the first time. In some cases we can act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.