A Court has ruled that a woman was entitled to be provided with a house from her partner’s estate, even though he had died without making a will.

The couple who were engaged and had been in a relationship for five years had bought a property together in Spain where they lived in for five years. Theysold it and shared the proceeds when they decided to return to the UK. They then bought a house in Wales but the man paid for it and it was put in his sole name.

The couple believed this would provide tax benefits as the woman already owned a home which she rented out. The man subsequently drew up a draft will in which he left the house in Wales and his pension valued at £35,000 to his partner. The rest of his estate was to pass to his sons.

However, he developed cancer and the will was never made.  He therefore died intestate, which meant all of his estate would pass to his sons.

The woman then applied for reasonable provision from her partner’s estate.

The Court held that the law relating to intestacy had not made reasonable provision for her. She needed a home which would allow her to continue earning an income from the property she owned and rented out.

The court held that she should be allowed to buy a house with a purchase price of no more than £110,000. She would be allowed to live in the house for as long as she wished but it would be held on trust and would pass to the sons after she died.

Please contact Andrea Cox or Hayley Elmes if you would like more information about wills and probate matters.