Brother unexpectedly passed away recently and some comments have been
made that lead me to suspect that his girlfriend/partner might claim a
portion of his estate. Here are some facts:
Brother and girlfriend/partner were never married and never engaged in
a civil union.
Brother made a Will four years ago in which he named only myself as
both Executor and sole beneficiary of his estate.
Will was prepared through a solicitor, and my brother was of sound
mind.
Brother and girlfriend/partner had a relationship lasting seven years,
and did not have children.
Brother and girlfriend/partner lived together in a house that belonged
to girlfriend/partner (mortgage paid off prior to commencement of
relationship due to the death of girlfriend/partner's husband).
Brother and girlfriend/partner were both fully employed during the
course of the relationship.
The potential claim appears to be based upon the girlfriend/partner's
assertion that they were for all intents and purposes, living as a
couple, and that also, she contriubuted more financially to the
relationship that my brother. I have discussed this matter with the
solicitor that is currently managing the probate process, and the
solicitor advised me that being that the relationship lasted more than
two years, a claim was possible under the law. The solicitor further
advised that it's not unusual to expect a claim by the girlfriend/
partner amounting to 50-percent of the estate, and that a reduced
settlement is the likely outcome due to mounting legal costs and the
nuisance factor of delaying the completion of the Probate process.
I am somewhat dismayed that such an outcome is facing me, being that
the Will is specific, and was made during course of the relationship.
Can anyone offer any advice based upon experience or knowledge of such
claims?
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