In assessing a Civil Partner’s potential claim against the estate, the court will consider various factors including:

• The claimant’s financial needs and resources;
• The financial needs and resources of any beneficiaries of the deceased’s estate and/or any other potential claimants;
• The size and nature of the deceased’s estate;
• Any obligations and responsibilities the deceased had towards the claimant;
• The claimant’s age and health; and
• Any other relevant circumstances.

The level of award made for Civil Partners (and spouses) is based on “such financial provision as it would be reasonable in all the circumstances of the case for a civil partner to receive, whether or not that provision is required for his or her maintenance”. This provides a higher top level for an award than other potential claimants (apart from spouses) under the 1975 Act.

Should a successful claim be made, the court has a wide discretion to make various orders including, but not limited to, making a lump sum payment from the deceased’s estate, ordering that regular periodic payments be made from the deceased’s estate, transferring property, and/or establishing a trust or other arrangement for the benefit of the claimant.

Conclusion

Feeling that you have been left without proper financial support after your loved one’s death is heartbreaking. However, it’s important to remember that you have legal options available to you. At Gosschalks, our experienced solicitors are here to offer the guidance and support you need to navigate this challenging time. Whether through negotiations, mediation or court proceedings, we are committed to helping you achieve a fair resolution.

We appreciate the pain and uncertainty that comes with this situation. If you have any questions or need assistance with making a claim, please do not hesitate to contact us today on 01482 324252 or via info@gosschalks.co.uk. We are here to help you understand your rights and ensure that your interests are protected.

About the author: Ellen Boote