ABD partner and Contentious Probate Solicitor Peter Shah who is based at the firms Royal Wootton Bassett office attended a mediation on a 1975 Inheritance Claim which was successfully concluded. Nothing unusual about that however, it was a sad case and provided a salutary tale if people don’t get and take advice at the right time...
The case involved a homosexual unmarried couple (Mr X and Mr Y) who intended to buy a house together in 1999. Unfortunately, due to Mr X’s ( Peters client) mental health problems they could not get a joint mortgage whereas the client’s partner Mr Y could do so in his sole name. Hence the house was bought in his sole name but there was no declaration of trust or restriction put on the title to record Peters client Mr X had an interest and therefore protect his interest in the property.
They were together for more than 24 years when the partner died suddenly of a heart attack leaving no will. The couple were not in a civil partnership which meant that under the Intestacy rules Peter’s client received nothing from his late partner’s estate.
Peters client Mr X who is now 52 had not worked for many years and faced the rest of his life on benefits with a very meagre income and poor quality of life .
The deceased’s family claimed that their son Mr Y was not gay and denied (despite there being overwhelming evidence to the contrary) that there had been any relationship between the two men and so they told him to leave the house that had been his home for 16 years.
A claim was made that Peters client either had a beneficial interest in the property, alternatively that the Intestacy rules failed to provide reasonable provision for him under the Inheritance (Provision for Family and Dependants) Act 1975.
When Peter first set to work on this case both claims were denied in their entirety in particular so following the issue of Court proceedings the parties went to mediation and as a result a settlement was reached whereby Peter secured Mr X £55000 including payment of his legal fees. He was a very happy man and after what was a very sad time for him after the death of his life long partner can look forward to the rest of his life.
