THEGAYUK WINTER 13 /14 Issue 1
QUESTIONS
PROBATE AND SNUBBED BY FAMILY
LEGAL CLINIC
By Matthew Parr
I lost my partner recently.
We were living together in his house, only his daughter told me legally I had
to leave the house. I did and she changed the locks. She now wants to sell the
house knowing I wanted to buy it.
I was hoping as I was her Father’s partner I might get it cheaper than what
she wanted. I had an estate agent value it at £250,000 due to the stamp duty
threshold, she is insisting on £280,000 and as she's been dishonest up to now
I assume she'll try to sell without letting me know which estate agent.
I also can't afford to be entwined in a bidding war. I'm also not allowed to
view the Will, which she only recently said I was in. I suspect her of foul play
but not sure if I can prove it. Do I have any legal rights as I can't get to see
anyone from the Citizen’s Advice Bureau or local Law society and don't want
to miss out on buying my partner’s house, as we shared so many memories
there?
Many Thanks
Anon
It would be interesting to know whether you and your
partner were in a civil partnership? The position will
change somewhat if you are. I am going to assume from
the circumstances that you aren't, in which case you are
in a somewhat weaker position.
!
If there is a Will then you'll not be entitled to see this
unless you are what is called a Residuary Beneficiary. If
you are a Residuary Beneficiary this means you are
entitled to a share (or maybe all) of what is left in the
estate once debts, legacies and administrative expenses
have been paid. You are best to ask your partner's
daughter, ‘am I Residuary Beneficiary? If so, I am
entitled to see a copy of the Will.’ If she informs you are
simply a legatee then you will need to obtain a copy of
the Will from the Probate Registry in Leeds (the Will
becomes a public document once it has been proved
and a Grant of Probate is obtained). Google "Probate
Standing Search" and there are a number of very useful
websites available to assist you in searching for and
obtaining a copy of the Will.
property and wouldn't be able to sell it to you for an
undervalue unless all beneficiaries agreed. If she sells it
undervalue without their permission then she can be
sued personally by them for the difference!
!
From a practical point of view, simply Google the
property address and if it's up for sale then you will find
it easily on Rightmove or a similar website.
!
Overall, it is impossible to advise you as to your rights
without knowing a great deal more information about
you and your situation. If you have lived with your
partner for two or more years as "man and wife" (even
if you weren't in a civil partnership) then you could
have a claim against his estate under the Inheritance
(Provision for Family and Dependents) Act but you
would certainly need the advice of a solicitor. Similarly
if you were financially dependant on your Partner then
you could have a similar claim.
!
I hope this has helped. I would advise that you contact a
solicitor and ask for a meeting to discuss the issues.
I would avoid paying a third party company to do this
Solicitor’s costs, despite the common misconception,
for you; the process is extremely easy to do yourself!
are not sky high and you can often find solicitors who
will provide a free half-hour meeting or at least a
In relation to being kicked out of the house.
meeting followed with a letter of advice for a very
Unfortunately if your partner's daughter is the Executor reasonable fixed fee.
of your Partner's Will then she is under a duty to secure
the assets of the estate and as such this means Regards
readying the property for sale, normally
with vacant possession, i.e. without
Matt ∎
anyone living in it. Also, if there are
other beneficiaries under the Will
who will benefit from the sale of the
house then she is legally obliged to
obtained market rate for the
!
!
!
!
Got a legal
question?
Email Matt on
[email protected]
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