F Barnes News

Services
People
News and Events
Other
Blogs

If I am not married do I inherit my partners estate?

View profile for Paul Olubiyi - Solicitor
  • Posted
  • Author

 

Many people do not know that at present unless you are mentioned in your partner’s Will  you will not benefit under the intestacy rules ( where your partner dies without leaving a Will). In a recent judgement where Siobhan McLaughlin, from County Antrim, was denied the Widowed Parent's Allowance because she was not married to the father of her children, it  has been held by the Supreme Court that denying the benefit to unmarried parents breached human rights law. "The Supreme Court decided that the government was discriminating against these children…

Please note that although The Supreme Court judgement did not automatically change the law, by declaring the current law was incompatible with the European Convention on Human Rights, it put pressure on politicians to act. "The Supreme Court has said the restriction amounts to unlawful discrimination,"

Will this judgement spark a change in our Inheritance Laws?

Would this judgement have any significance on the other legislation where unmarried couples or childless couples are concerned ?  i.e. Would this affect other discrimination against couples without direct descendent who as a result will not qualify for the Residential Nil Rate Band or a divorcee who does not remarry and as a result does not benefit from the doubling of his/her Nil Rate Band

We continue to look to the politicians ……………..

The law on what unmarried couples inherit is complex and can surprise many. We would suggest you call one of our advisors for a brief consultation to know your rights and the best way to plan for the future. Call Paul, Sangeet, Seigha or Catherine on 01708 745183.

Full full BBC article click here

Comments