Long-term partner challenging a will

Hello! I am Gemma, a legal assistant here at Lawyer Destroyer. I would be happy to help you understand where the law stands on this.

The short answer is yes, a long-term partner can certainly challenge a will if they have been left out, even if they were not married or in a civil partnership with the person who passed away.

The legal position:

In England and Wales, the law recognises that people sometimes have an obligation to provide for certain dependants when they die. Under the Inheritance Provision for Family and Dependants Act 1975, a surviving unmarried partner can make a claim for reasonable financial provision from the estate.

To qualify for this, you generally need to show that you were living with the deceased in the same household, living as a married couple or civil partners, for at least the two years immediately before they died.

If you had not been living together for a full two years, you might still be able to make a claim if you can show that the deceased was financially maintaining you just before their death.

What you can claim:

Unlike a married spouse, an unmarried partner is only legally entitled to ask for what is strictly required for their own maintenance. This means the court would look at what you need to meet your everyday living expenses, such as housing and bills, rather than awarding you a share of the estate just for the sake of fairness.

Strict time limits:

This is a very important point to keep in mind. If you want to bring a claim for financial provision, you have exactly six months from the date the grant of probate is issued to make your formal claim. It is crucial not to miss this deadline.

Challenging the validity of the will:

Separately from claiming financial provision, a will can also be challenged if you believe it is actually legally invalid. For example, if you think your partner did not have the mental capacity to understand what they were signing, if they were pressured into writing it by someone else, or if the document was not signed and witnessed properly.

However, if you successfully prove a will is invalid, the estate will be distributed according to their previous will, or the strict intestacy rules if there is no previous will. The intestacy rules do not automatically provide for unmarried partners, so a claim for financial provision is often the more useful route.

Practical next steps:

Going to court over a will is known as contentious probate. It can be incredibly stressful, time-consuming, and expensive, and it risks draining the very estate you are arguing over. It is almost always better to try and resolve the matter with the executors and the other beneficiaries first. Here is a sensible way to approach things:

1. Act quickly to find out if probate has been granted yet, so you can keep track of that strict six-month deadline. You can check the government online probate registry for this.

2. Gather your evidence. You will need to show proof of your relationship and your living arrangements. Gather things like joint utility bills, shared bank statements, tenancy agreements, and a clear breakdown of your own financial situation and living expenses.

3. Try to open a dialogue with the executors and the people who have inherited under the will. Let them know in a polite and clear way that you are considering a claim because you have been left without financial support.

4. Consider mediation. If the family or executors are resistant to a direct agreement, a neutral mediator can help everyone sit down and agree on a reasonable financial settlement out of court. This saves money and spares everyone a lot of heartache.

5. If all attempts at an early resolution and mediation fail, you may then need to issue formal court proceedings to protect your position before your six-month time limit runs out.

I hope this gives you a clearer picture of your options. Please let me know if you would like me to explain any of these steps in more detail.