On Tue, 6 May 2008 08:41:00 -0700 (PDT), NealR2000
wrote:
>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?
What is your brother's estate worth in total? Because its value will
determine how much it is worth spending to defend any claim.
From what you have said, the girlfriend owns the house, and so that
will not form part of your late brother's estate.
Perhaps you can clarify as to whether she is contesting the validity
of his Will, or whether she is contesting whether certain assets are
part of his estate or belong to her.
IANAL, but IIUC she has no legal basis to lay claim to any of his
estate that he has not specifically bequeathed to her. Hopefully a
more knowlegable poster will be along to give a more definite answer.
You might want to post the same question to uk.legal.moderated as the
quality of technical advice tends to be somewhat better on that group.
--
Cynic
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