We are increasingly being asked to challenge estates on behalf of relatives and partners. Many people now cohabit instead of marrying, this includes same sex couples. The same people have often failed to make a will assuming that the law will protect them.
However, upon the death of one partner the other can suddenly find themselves potentially losing their home. You could live together for years and assume that you are common law husband and wife. There is no such legal concept in this country.
If you own your home together then this will often be as “joint tenants” meaning that the house will automatically pass to the survivor of you. But if the house was only owned by the deceased then his/her next of kin could make a claim against it. It is not uncommon to have a situation where the parents of the deceased are in dispute with the bereaved partner. Even if the house was jointly owned what about endowment policies, cars, investments and other properties?
If you are not married (or have not become civil partners) then you should make a will as soon as possible.
Our offices are based in the easy to access central locations of Gosforth, Newcastle upon Tyne and Sunderland covering the whole of the North East.
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"Overall very happy with the appointment and the service provided. Everything was explained very well in simple terms which both myself and my elderly Aunt could understand. I was impressed as Laura took into account that my Aunt was hard of hearing so ensured she took her time in explaining everything so that it was understood. I thought the office was very professional and friendly."
"From the very start I was made to feel very welcome and relaxed. I was anxious about the appointment and especially so as I was brining my husband who has dementia. I found that everyone was professional. The face to face contact in the appointment and the friendly manner ensured that a difficult process was made easier. I received all relevant information which helped me make an informed choice about which route to go down. They did not push me to make a particular choice, I was able to go away and discuss the information with my family to make the choice that was best for me. If I ever need a solicitor I would not hesitate to use Emmersons Solicitors again."
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