We are often asked, ‘Is there anything I can do if my fiancé died before changing their will?’
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 got married.
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 ONLY SIX MONTHS from the date of Probate to bring a claim under the 1975 Act. However, this period may be extended by the Court.
Do I need to go to court?
We 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 and that is recommended as it is cheaper and faster than going to court.
