We are often asked, ‘Is there anything I can do if my fiancé died before changing their will?’ To find out where you stand contact our legal helpline for a free case assessment and details of our no win, no fee funding scheme. Call 0333 888 0409 or email us at [email protected]
If your fiancé died before changing their will, you may be left without the financial security that you would have been entitled to once you were married. This can lead to very unjust situations arising, and in many cases require legal action to be taken to correct the unfairness.
A fiancé’s legal position
Where someone dies without making a will the intestacy rules determine who inherits their estate. Unfortunately, a fiancé does not automatically inherit under the intestacy rules.
Where the deceased left a will then the provisions of that will must be followed, even if their fiancé has not been provided for, perhaps because the will was made before the couple became engaged, or even before they met.
However, if a fiancé died before changing their will, or making a will, then the inheritance position can be legally challenged.
A fiancé’s right to make an inheritance claim
If a fiancé is not provided for by a will or intestacy, they may be eligible to make a claim under the 1975 Inheritance Act if for the two years prior to the death they had been living together as a couple.
Where they were not cohabiting for two years, it may be possible to make an inheritance claim if the surviving fiancé can show that they were financially dependent upon them.
Making a claim
The surviving fiancé has six months from the date that a Grant of Representation is issued to bring a claim under the Inheritance Act. However, this period may be extended by the Court.
Do I need to go to court?
Our team of specialist lawyers successfully settle many cases without the need for legal proceedings to be issued, and it is rare for a case to go all the way to a contested hearing in court.
These claims are often resolved at mediation, which is a type of alternative dispute resolution. Mediation is recommended as it is cheaper and faster than going to court.
So if your finance died before changing their will then contact us for a free case assessment and details of no win, no fee funding. Call 0333 888 0409 or email us at [email protected]