Our clients often want to share their story with others, so we were pleased to be able to do this. The article involves a cohabitee who instructed us in respect of bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The legal rights of a cohabitee when their partner dies intestate: One woman’s story of loss, grief and shock

A client of Roskilly & Co wanted to share her deeply personal story, discovering after 30 years of love and commitment that she had had to bring a claim against her partner’s Estate because he died without making a Will. This meant that she did not inherit and the Intestacy Rules did not provide for her as a long-term cohabitee.

Q: Were you and your former partner aware of your rights – or lack of rights – as an unmarried couple?

No we didn’t realise the implications. After over 30 years together, we assumed some sort of legal safety net. I cared for him while he was unwell, and we always said we’d sort things out once he recovered. We talked about marriage. No one warned us to “get our house in order.”

Q: How did you find out that, as his long-term partner, you wouldn’t automatically be entitled to financial provision under the Intestacy Rules?

Just 48 hours after he passed, his sister rang to say she was the sole beneficiary of his Estate and that she would be the one entitled to apply for the Grant of Letters of Administration. That was the first I heard of it, and it pushed me to seek legal advice. I assumed I’d be making the decisions. Instead, I was told I had no legal standing as the house was in his sole name and I could not be the Administrator of his Estate. I was devastated.

Q: How soon did you have to seek legal help and what was that like emotionally, in the middle of grieving?

Very soon. He died over Christmas and the funeral wasn’t until January. Within a month, I was sitting with a solicitor, still in shock. There was no time to process my grief, I was suddenly forced to fight for my home and future.

Q: What was the emotional and financial impact of bringing a legal claim under the Inheritance (Provision for Family and Dependants) Act 1975?

I had just lost the person I loved the most and I was being treated in my view very unfairly by his family member with whom he never had a close relationship with. She had no compassion. I’d never lived alone. I was scared financially and emotionally. My grief was made worse by anxiety about my finances and my future financial stability.

I didn’t have the funds to pursue a claim, but I had no choice. I had to borrow money and dip into my pension. I’m lucky I could. Many can’t. We were together longer than many married couples. The law did not reflect that.

Q: What was your experience of legal representation throughout the process?

At first, I rushed into instructing a solicitor without realising how specialist this area is. Progress was slow. I felt like just another file. My solicitor lacked empathy – every email gave me anxiety.

Things changed when I moved to Roskilly & Co, a specialist boutique firm. I didn’t feel like just another file, and I felt for the first time, understood. The firm made me feel like what I was going through mattered. That meant everything.

Q: How did you find the mediation process?

It was one of the hardest days of my life. Mediation is emotionally exhausting, and nothing prepares you for it. It was a long, difficult day and I needed someone there for me. Although it ended positively it didn’t feel like closure. Just the start of a new chapter. People say I was “lucky”, but the real injustice in my mind was that I had to fight at all.

Q: What is your main advice for someone in a similar situation?

Instruct a specialist law firm – one that can provide you with clear legal advice but with empathy. Surround yourself with people who will support you. Roskilly & Co gave me clarity, focus, and empathy when I needed it the most.

Q:What would you say to others who are cohabiting long-term without legal protection?

Please don’t assume love is enough. Make a Will. Talk about your future and have those difficult conversations. If sharing my story helps even one person avoid what I went through, it will have been worth it. We were happy and committed and still, the legal system stood against me. My view is that must change.

Roskilly & Co is a boutique private client firm with expertise in contentious probate, cohabitation law and lifetime planning. We provide clear, compassionate advice during emotionally challenging times. If you’ve been left out of a will or believe you haven’t received reasonable financial provision, our experienced team can advise you on making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. We advise on a wide range of matters in these specialist areas of law.

Marianne Nankervis
Senior Associate