• Rose and Rose Solicitors

Law Overrides Will That Excludes Partner



The Inheritance (Provision for Family and Dependants) Act 1975 allows someone who was dependent on a deceased person during their lifetime to make a claim against their estate if there is no, or inadequate, provision for them in the will. This does not apply only to blood relatives.


In a recent case, a 70-year-old woman was awarded £325,000 from the estate of a man with whom she’d had a relationship lasting more than 20 years, the last seven of which they had spent together in the man's home.


His will left his £1 million estate entirely to his two daughters, both of whom are comfortably off.When his former partner made a claim under the Act, they opposed it, contending that the relationship was not one of permanence and substance.


The judge concluded that the man had clearly had a responsibility to his partner and made the award.


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