Jack and Jill are in their early 60’s. They have two children in their 30’s. After Jack’s death, Jill meets Romeo. Jill and Romeo start seeing more of each other and often go out for dinner together. Sometimes they stay home and Jill prepares the meals from ingredients purchased by Romeo. Romeo continues to rent a unit but they begin to stay overnight at each other’s places regularly.
On occasion, Romeo performs minor repairs maintenance on Jill’s house and does the gardening. After a few years, Jill and Romeo decide to purchase a small car together rather than upgrade both their vehicles. When Jill dies unexpectedly, her children consult a local solicitor regarding transferring the family home into their names. They explain to the solicitor that “this is what mum wanted” but she never got around to making a will.
The solicitor informs them that Romeo will need to be notified as part of the process. A short time later, Romeo informs Jill’s children that he wishes to receive an entitlement from Jill’s estate according to the “laws of intestacy”. These provisions apply because Jill did not have a valid will.
If the court made such a finding, Jill’s children would therefore receive nothing from their late mother’s estate according to the “laws of intestacy”. Jill’s children are informed that they are eligible to make a claim for “family provision” but that a large proportion of the estate will be wasted on legal fees if the matter proceeds to a hearing.
Your individual circumstances may differ and accordingly, this column cannot be relied upon as legal advice.
Suggested Break Out: “After Jack’s death, Jill meets Romeo.”
