How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7408
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Family Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My son has been living with a lady for the past 2 years in

This answer was rated:

My son has been living with a lady for the past 2 years in rented accomodation. Unfortunatley she is critically ill in hospital and we would like to know in the event of her passing away whether he can make a claim on her estate?

What assets does she have?

Do they own anything jointly?

Customer: replied 3 years ago.

Hi Tom,


She has recently got divorced and consequently she has £184,000 in her


bank account from the proceeds of the sale of her house which she lived


in with her ex-husband. She owes approx. £20,000 on credit cards, thus


leaving approx £164,000. I also think she has a pension but not sure


what that is, and I am not sure whether she has any life assurance. She


also has a Car which is in her name, which was bought recently for


£11,000 and paid for in full, which my son drives.


She may also hold some shares but again I don`t know how many and


with whom.


My son, as I said earlier, has been living with her for approx the past 2


years at their current address and has been paying money into her bank


account to help pay for the rent and bills, as far as I am aware for the last


2 years.


My current concern is that he does not earn enough money to stay in the


flat on his own.


She is an alcoholic and has been very difficult to live with especially, the


last 12 months or so, when my son has had to care for her whilst holding


down a job at the same time.


I don`t think there is anything in joint names apart from a bank account


which has no money in it.



Craig Stevens





Thanks for your patience.

If your son and her have any jointly owned items (eg. Joint bank accounts) then upon her death these would pass to your son automatically upon her death regardless of any direction made in any Will she has.

If they are not married and she has not made a Will with him as a beneficiary then her estate would pass under the intestacy rules.

In the case of an unmarried person their estate would pass according to the following order:-
 Surviving children (of whole or half blood, please note children does include adopted children);
 Surviving parents;
 Surviving brothers & sisters (but if deceased then their children, if any i.e. the deceased's nieces or nephews);
 Surviving half brothers & half sisters;
 Surviving grandparents;
 Surviving aunts & uncles (but if deceased then their children, if any);
 If no cousins then it goes to the Crown (the Government).

If this is not what she wants to happen then she needs to execute a Will immediately.

If she dies without making a Will then his only option would be to make a a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. To do this he would have to show that he was dependent on her to some degree prior to her passing. This is a contentious matter, which means that it can involve litigation with those otherwise entitled under the intestacy rules. He would need a solicitor for this and the application must be made within 6 months of the date of the grant of probate in the estate.

He’s not really in a great position if it was genuinely intended that he should inherit and she has not made a Will.

I have to go out for half an hour now. I will be able to answer any replies upon return.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7408
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Family Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Clare


    Family Solicitor

    Satisfied Customers:

    25 years experience of all aspects of family law
< Last | Next >
  • Clare's Avatar


    Family Solicitor

    Satisfied Customers:

    25 years experience of all aspects of family law
  • jusleen's Avatar


    Family Lawyer

    Satisfied Customers:

    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    Qualified 1999 with over 12 years experience in Family Law.
  • face July 2011.64x64.jpg UKfamsol's Avatar



    Satisfied Customers:

    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Kasare's Avatar



    Satisfied Customers:

    LLB (Hons)