[Closed] Family Law/Wills/Probate

Just been through probate myself, with property involved. But you need to flesh the question out with some specifics. Has someone died? If so whats your relation to the person that has died? Is there a will? Or.... are you looking at making a will regarding how property will be handled in the event of your own death?

My girlfriend has recently died. What will happen to the house which is in her name,though I paid for it. We have a 3yr old child. Obviously I will speak to a solicitor at some stage.

Any advice appreciated.

Shes left no will

Where are you based?

My best mate is in this field, can forward this link to him if you're local to me (Worcestershire/Herefordshire) and he would no doubt be glad to help out.

Cardiff. But feel free to forward his details. Cheers

https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

So very sorry for you and your child, but its made me realise i need to make a will.

Crikey, that's a tough situation in so many ways... Sorry to hear of your loss, but no advice to offer.

Yes you do. I bought and paid for the house almost in full. Put it my girlfriends name to protect it from any work related litigation, as I run my own business. No will is a real pain in the arse.

Really sorry to hear your news. From the little you have said, you need to see a lawyer asap as your position may not be straight-forward. This is because you will need to consider bringing what is called a 'constructive trust' claim to establish your beneficial interest in the house. Often, claims are not required as the beneficiaries under the estate, i.e. those who benefit under the intestacy rules, can agree that (here) you own the house. Your problem is going to be that the persons entitled to the estate include your child so that your claim to the house is in direct conflict with your child's interest. A court is therefore almost certainly going to be involved, I'm afraid. An alternative is a claim by you under the Inheritance (Provision for Family and Dependants) Act 1975. The deadline for such a claim is strict and it is 6 months after the grant of letters of administration are taken out. All this sounds stressful but it need not be if you have a good lawyer who deals with this all the time. Good luck mate. D

Thanks downsman., this is the kind of thing I need to know. Someone has mentioned some act, where by if I can prove that I've paid for the property I can make some kind of representation? Mean anything to you? It's a real pain as I've almost put 200k into the house and it's pretty much paid for.

Cheers

Forgot to mention that our daughter lives with me.

Really sorry for you and your childs loss. Am currently going through probate (albeit in Scotland where there is some variance in the legislation). Regarding property - if you contributed to the upkeep of the property ([url= https://www.gov.uk/wills-probate-inheritance/joint-property-and-bank-accounts ]https://www.gov.uk/wills-probate-inheritance/joint-property-and-bank-accounts[/url]) then you may be considered as a tennant. So what can you "prove" that shows you contributed (bank statements, original deeds - did you buy the property in your name and then sign it over?, original transfer of funds)?

However, the simple answer is that your child inherits everything and you really need to get legal advice asap as Downsman said above.

Regarding payment towards the purchase price of the house, there is no statute which applies to assist you and you will need to rely upon 'equitable' (trust) principles. Have a look on Google for a case called Stack v Downden (in the House of Lords in around 2009) to get a sense of what this is all about. Ultimately, if you can show you paid the money and that the property was merely registered in your late partner's name as a (simplistic, as completely ineffective...) way to try to protect the asset, the court may very well find you are the owner. As I said, the backup you need is an alternative claim under the 1975 Act on the basis you were being maintained by your girlfriend. Your child's interest in the estate is what is likely to make this case a bit more complex than the norm. I deal with this sort of thing everyday, I am a barrister specialising in wills and trusts, and I cannot stress enough that you need a good solicitor asap. Please don't waste your time going to a high street practice as, in my experience over the last decade, these firms do not generally have the expertise required to make a decent job of this sort of matter. You may well find that a 'smart' regional firm is best. I would recommend that the solicitor with conduct of your matter is a member of STEP (society for trust and estate practitioners) as this is a very good sign of quality in this area. STEP has a website and I know there is an active branch in Cardiff and also in Bristol (where I practice). I know that the fees will seem high for this, but you really do get what you pay for and not all lawyers are the same! D