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Rights of surviving partner

Hi, my partner of sixteen years died recently. Do I have any rights? Her daughter is next of kin. She made no Will to my knowledge

To this listener I would say that there are no defined rights until the Civil Partnership Act comes into law (ministerial order awaited as of date of broadcast of this answer - 28th August 2010)

 

There is an exception to this in that if the surviving partner became dependant during the course of the relationship – and surrendered a good career, paid money to assist with the house and if promises were made to the extent that a reasonable expectation of support (such as a pension) arose then the court may order that a portion of the estate be set aside to compensate this listener.

 

This is a very specialised area and I would suggest an experienced Probate/Estate solicitor be consulted as soon as possible.

 

As a footnote I'd say that if there is a house held in joint names, as joint tenants then the deceased's partner's half share goes to the survivor and is outside of the normal rules of inheritance.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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