WHAT DOES
IT MATTER...
...if we're not married?
legaletc
76 etc
and Sue always used to boast about being a modern
couple. They didn't believe in marriage and described themselves as
`common law' husband and wife.
They met six years ago when Sue still lived with her parents and
Dave lived in a house that he had already bought in his own name.
Eighteen months ago, they started to live together in Dave's house.
The house was never transferred to the joint names of the two of
them. They didn't think there was a problem.
Two months ago, Dave, aged 35, died of a heart attack. After
the funeral, Sue went to see her solicitor to arrange to have the
house transferred to her sole name. The solicitor asked to see
Dave's will. Sue knew that he hadn't got round to making one.
As Dave didn't have any children, his next of kin were his
Mum and Dad. Dave was very close to his Mum and according
to her, he had been very unhappy with Sue lately. She
therefore didn't think it was right Sue should have the house.
Sue was now panicking, she could see that she was going
to lose her home on top of having just lost Dave. She was
told that she would have to prove to a court that she had
been wholly or partly maintained by Dave and that he had
not made reasonable provision for her. As she had a good
salary, she was advised that her claim might fail.
Fortunately for Sue, Dave's pension policy at work
recognised Sue as his cohabitee and paid her a lump sum.
This was more than the outstanding mortgage on the
house. Dave's Dad felt sorry for Sue and persuaded his wife
that they should take only half the value of the house. Sue
could now afford to pay them this and stay in the house.
However, Sue has fallen out with Dave's mum because
she felt that she and Dave were happy and that his Mum
made up her story just to get money. Dave's Mum feels
that she should have stood her ground and that she and
her husband should have received all of Dave's estate.
You would think that this was an unusual story but
it's not. As more and more people live together without
marrying this type of case is becoming common. The
vast majority of estates that Emmersons Solicitors are
currently dealing with are complicated because the
deceased either failed to make a will or made one that
didn't provide for all of the relevant people.
You would be surprised at how inexpensive and
simple it is to make a proper will. Don't put your
family through a situation like the one above.
Dave
magazine � October, 2009
Jacqueline Emmerson of
Emmersons Solicitors, which
has offices in Sunderland
and Gosforth, explores a
modern-day dilemma.

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