### Heading: Navigating Legal and Financial Challenges: Expert Insights
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Challenging a Will: Rights of Cohabitees in England and Wales
In a recent legal insight, it has been highlighted that individuals who have lived with their partner for a significant period may have grounds to challenge a will if they have been left out. This comes as a beacon of hope for those who find themselves in a precarious financial situation following the death of their partner, especially in cases where the deceased’s will has not been updated to reflect their current relationship status.
According to Thomas Klemme, an associate at a notable law firm, the Inheritance (Provision for Family and Dependants) Act 1975 provides a lifeline for cohabitees. Specifically, the Act caters to individuals who have lived with the deceased for at least two years immediately before their death, as though they were married or in a civil partnership. This legislation ensures that surviving cohabitees can seek reasonable financial provision from the estate, albeit to a lesser extent than what a spouse might claim.
The provision under the Act is primarily aimed at ensuring the survivor can maintain a reasonable standard of living, rather than inheriting a share of the estate outright. This distinction underscores the importance of regularly updating one’s will to ensure it aligns with current wishes and circumstances.
Before proceeding with a claim, it’s crucial to verify that the deceased was domiciled in England and Wales at the time of death and to initiate the application within six months of the grant of probate. This timeframe is critical for those considering challenging the will under the Act.
Beyond the scope of the Act, there are other avenues that might be explored depending on the circumstances. For instance, if the deceased and the claimant co-owned property, the nature of that ownership could significantly impact the outcome. Properties owned as “joint tenants” may see the surviving partner automatically inheriting the deceased’s share. Conversely, if the property was in the deceased’s name only, the surviving partner might need to explore the possibility of a constructive trust based on their contributions towards its purchase and upkeep.
Another potential claim could arise from proprietary estoppel, particularly if the deceased had made clear promises regarding financial provision which the claimant relied upon, such as forsaking a career based on these assurances.
Given the complexities and the various claims that might be available, seeking early legal advice is paramount. This not only helps in understanding the full range of options but also in navigating the often-emotional process of challenging a loved one’s final wishes. Moreover, many such claims can be resolved through negotiation without the need for court intervention, highlighting the importance of prompt and informed action.
This legal insight sheds light on the protections available to cohabitees under English law, offering a pathway to financial security for those who might otherwise find themselves overlooked. It serves as a reminder of the evolving nature of family dynamics and the legal system’s response to these changes.
