Can a Longtime Partner Challenge a Will Leaving Property to Family?

A person concerned about a longtime partner potentially disputing their will, which leaves their property to their son and grandson, has been advised to take proactive legal steps. The property owner allows a friend, who developed cancer, to live in their house rent-free in exchange for £1,000 a month towards household expenses. The partner, who has lived with the owner for 15 years, also occupies the study and a workroom.

The owner handles all household chores, cooking, and provides care, but the partner's financial contribution has not increased in several years. The partner remains married to someone else and owns their marital home, which they have not divorced or sold for tax reasons. The owner's will states the partner has seven months to find new accommodation after the owner's death. The owner wishes to ensure their estate passes to their son and grandson without conflict.

Legal opinion suggests the partner likely has the status of a 'licensee' and not an owner of the property, as they did not contribute to its purchase or mortgage, nor was there an agreement or promise of an interest. Paying a monthly sum for occupation and household expenses is generally not sufficient to establish ownership. This license can be terminated by the executors of the will with reasonable notice, such as the seven months stipulated in the current will. Should the partner refuse to leave, executors could initiate court proceedings for possession.

However, the partner may have grounds for a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This act allows certain individuals, including unmarried partners who have lived together as a couple for at least two years before the death, to request financial provision from an estate if the will or intestacy rules fail to make reasonable provision. The partner's 15 years of cohabitation and the owner's description of their relationship as a partnership could make them eligible to apply.

Factors that could weaken the partner's claim include their monthly payment, ownership of their former marital home, and a deliberate decision not to divorce or sell that asset for tax purposes, suggesting they may not be in financial need. Conversely, factors that could strengthen their claim include their cancer diagnosis, any ongoing care needs, the duration of the relationship, and the extent of support provided by the owner. The court would weigh all these factors, along with the needs of the beneficiaries, the owner's responsibilities, the estate's size, and any disability of the partner.

While a clause in the will cannot prevent a court from exercising its powers under the 1975 Act, a carefully prepared 'letter of wishes' accompanying the will can strengthen the executors' position. This letter should clearly explain the owner's reasons for limiting the partner's occupation period and for leaving the estate to their son and grandson. Consulting a solicitor to review the will, assess the partner's current occupation status, and help draft such a letter is advisable. These steps can help mitigate potential challenges and provide executors with necessary evidence.