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shonie65 · Joined: 26 Sep 2007 Posts: 1 Location: scotland

my brothers partner of 35 years died without leaving a will she has 4 grown up children who she did not talk to but who want to make a claim on her estate/possesions.
she also had various debts (unsecured)
HELP.......

thescruff · Moderator Joined: 03 May 2003 Posts: 4386 Location: Bath

Time for a good Solicitor.

When you say partner were they married, as it can make a lot of difference.

The Laws have changed over the last few years, to include persons living together as man and wife, which is why you need to consult a Solicitor.

As I understood it ( and I'm not a Solicitor) the estate would go to the eldest next of kin and not the partner.

But as I said things have changed.

Debts will have to be payed from the Estate.

juco · Joined: 18 Sep 2007 Posts: 59 Location: scotland

If you were not married to your partner then you have no legal rights to anything that was hers as there is no will. If the house in in joint names you are entitled to that. if the house was in tenants in common then the children own half of the property.
Children have what you cal legal and prior rights so are therefore entitled to part of your partners estate probably all of it if you were not married.
There is no will to state otherwise.
The law has only changed to take account of cival partnerships which include same gender partners.
If there is no will then Im afraid you have a fight on your hands.
Also correct any liabilities will come out of her estate first.