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?
Claims are usually based on the need for financial support but in this case
it does not sound as if she would have one. . Has the solicitor received an
actual claim or is he just being cautious and stating what the worst case
is? What is the size of the estate?
Peter Crosland
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