Whilst they have no automatic right to a make a claim, a girlfriend/boyfriend (not including Civil Partners) may be able to bring a claim under the 1975 Act if they were cohabiting in the same household as the deceased in the two years immediately prior to the deceased’s death. It would have to be the case they were living as “a married couple or Civil Partners”, and the deceased’s Will or the Rules of Intestacy do make no reasonable financial provision for them.

In addition, a partner may also be able to bring a claim under the 1975 Act if they were financially dependent on the deceased, and the deceased’s Will or Rules of Intestacy do not make reasonable financial provision for them. In that instance, the deceased’s partner would need to demonstrate that they were being maintained by the deceased, either wholly or partly, immediately before their death.

In assessing a 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 for partners (and other claimants, apart from spouses and Civil Partners), is based on what would be reasonable for the claimant’s ‘maintenance’. If you are a boyfriend or girlfriend making a claim, it is important to seek experienced solicitors to represent you to make strong legal arguments based on your maintenance needs.

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.

Contact us today on 01482 324252 or via email, info@gosschalks.co.uk

About the author: Ellen Boote