Advice

Losing a partner
1

Hello

My partner passed away suddenly this January and since then things have become a mess regarding his possessions. When he passed away as we where not married his father claimed he was his next of kin and took over all arrangments regarding his funeral he also had our daughters life insurance money that my partner took out for her and any donation money that was collected for her. He keeps saying he will put it into a trust fund but has not yet. Also my partners sister has taken possesion of his ashes , his clothes and his belongings and refuses to release them. I guess what im trying to get some advice on is does our daughter have rights to his belongings and more importantly his ashes as we would like to bury them and his sister wants to keep them at her house. Dealing with losing him and tackling grief is hard enough but i want out daughter to have her dads things if she is entitled to them.

2 Likes
2

I’m so sorry for your loss and trouble. Please try and get in touch with a solicitor. I know it’s difficult at this terrible time, and maybe scary, but I think the first half hour of advice is free and it is really important that you have qualified advice. Please try to be strong.

2 Likes
3

I am so sorry that you are going through this. How awful for you that his family have basically taken over everything. Your partner chose you to spend his life with and for you to be the mother of his children. I expect he would be really upset if he knew how you were being treated by his family. Just so cruel and unnecessarily. Could you reach out to them and tell them how you feel. If no joy then go and seek legal advice. I assume your partner didn’t leave a will. Big hugs xx

2 Likes
4

The internet is a great source of information. If you were not married or in a civil partnership and no will from reading it looks like you have few rights. Definitely speak to a solicitor as your daughter may have more.

5

Reading on line your daughter definitely has the right to inherit his estate.

1 Like
6

Legally I believe everything he had should go to his daughter so I would definitely seek advice.

1 Like
7

From reading that is what I understand to. That his daughter is his beneficiary.

3 Likes
8

@brown87 I also suggest a lawyer and there are laws that protect you if you live with someone as their wife - common law wife .You may be more covered than you think.Good luck with it .
Sorry you have so much on your shoulders
Annx

9

Actually it seems common law spouses have very few legal rights. The daughter in the other hand does.

10

@brown87 Did your partner have a will if so it should be alright.?
Annx

11

If there is no will and no other children the daughter should be the sole beneficiary. But you really do need a solicitor.

12

His daughter is his heir.

13

My understanding of British laws of intestacy, the daughter is the next of kin and, since she’s a minor, the legal guardian or person appointed by court as her guardian, makes decisions related to estate or inheritance

15

I believe if your partners name is on your daughters Birth certificate .She is the legal next of Kim. Looking at my sons things it goes ,it goes spouse, children, parents, siblings. If he had less than £20,000 you do not need probate, but I must say they are behaving very badly .

16

I am so sorry for you that as well as losing your partner and your children losing their father you have to go through this. Perhaps when my partner of 28 years passed away I was fortunate that the relationship I had with her four brothers and a sister was such that there was never a question that her share of the house and all her possessions would pass to me.She didnt leave a will and we had no children. I would definitely seek legal advice as a matter of urgency. Best wishes to you.