enepsigos Posted January 3, 2012 Share Posted January 3, 2012 im posting on behalf of a very good friend. our friends partner died on new years day, he left behind 4 heartbroken young boys. my friend and her partner had been together for 5 years, they lived together as a married couple but never married, he was only in his early 30s and died very suddenly. the man in question has a dad still alive who has basically took over, he wants to plan the funeral all himeslf without his sons partner having any envolvment, he blames her for the death of his son. can this be done legally, we all know its not right but has my friend got any rights, she wants to bury her partner, she knew he more than anyone and is the mother to his kids, she is also heartbroken and cannot cope with this. when the postmortem is completed, who will get the death cert, his dad or his partner. any advice or help would be appriciated. Link to comment Share on other sites More sharing options...
Chris_Sleeps Posted January 3, 2012 Share Posted January 3, 2012 There are some rights, but without a marriage it is very weak. Common-law marriage is barely worth anything. This is the huge advantage of actually marrying someone. Direct Gov - Find 'Cohabitation - living together'. Link to comment Share on other sites More sharing options...
enepsigos Posted January 3, 2012 Author Share Posted January 3, 2012 they were engaged... like i said, he died very suddenly. Link to comment Share on other sites More sharing options...
Chris_Sleeps Posted January 3, 2012 Share Posted January 3, 2012 Very sad news indeed then, but it is a tricky situation for her to be in. Link to comment Share on other sites More sharing options...
enepsigos Posted January 3, 2012 Author Share Posted January 3, 2012 Very sad news indeed then, but it is a tricky situation for her to be in. it certainly is, ive just been looking at the link you sent me and a few others, it seems she has very little rights... so sad, my heart breaks for her little family it really does. Link to comment Share on other sites More sharing options...
gribz Posted January 3, 2012 Share Posted January 3, 2012 From the website, should tell you most of what you need to know. http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_067362.pdf Very sorry to hear of the situation. Unfortunately, going from that info your friend has next to no rights in law. I guess the only exceptions would be if the partner made a will confirming his wishes. Link to comment Share on other sites More sharing options...
enepsigos Posted January 3, 2012 Author Share Posted January 3, 2012 From the website, should tell you most of what you need to know. http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_067362.pdf Very sorry to hear of the situation. Unfortunately, going from that info your friend has next to no rights in law. I guess the only exceptions would be if the partner made a will confirming his wishes. i dont think he made a will, none of us expected this, he was much loved and will be sadly missed for a long time to come. lets just hope his father plays nicely and realises what a mistake he is making before its too late. Link to comment Share on other sites More sharing options...
L00b Posted January 3, 2012 Share Posted January 3, 2012 i dont think he made a willIn that case, intestacy rules apply and she has just about no rights at all. Being engaged makes no difference. I have just gone through the exact same thing in respect of my brother in law since August 2011 (and helping his fiancee, kids from 1st marriage, etc.), and it's only just beginning to get sorted out now, about 6 months later. His children are first (and potentially the only ones) in line for any succession, and the estate will need to be administered by their remaining/surviving legal guardian (the mother of all and/or the eldest kid(s)...hopefully that's your friend. If not, potentially more heartache), who has to apply for probate. I realise this doesn't help with the situation with his dad/the funeral arrangements, but contact the probate office/registry in Sheffield soonest, they will be able to explain the first few things that need to be done. Go see a family solicitor as well, most usually provide a first free consultation to at least determine the current situation. Do you know if they had a mortgage together as well? if so, she needs to get that sorted out soonest because, under intestacy rules, his kids could be entitled to half or more of the house (and/or life insurance payment), depending on the type of deed in place. Link to comment Share on other sites More sharing options...
MrMoran Posted January 3, 2012 Share Posted January 3, 2012 im posting on behalf of a very good friend. our friends partner died on new years day, he left behind 4 heartbroken young boys. my friend and her partner had been together for 5 years, they lived together as a married couple but never married, he was only in his early 30s and died very suddenly. the man in question has a dad still alive who has basically took over, he wants to plan the funeral all himeslf without his sons partner having any envolvment, he blames her for the death of his son. can this be done legally, we all know its not right but has my friend got any rights, she wants to bury her partner, she knew he more than anyone and is the mother to his kids, she is also heartbroken and cannot cope with this. when the postmortem is completed, who will get the death cert, his dad or his partner. any advice or help would be appriciated. Unfrotuntaly she has hardly any rights at all. Being engaged is neighther here nor there. Its sad, it stinks but sadly the next of kin has all the rights. Best of luck to your friend and those kiddies too. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted January 3, 2012 Share Posted January 3, 2012 i dont think he made a will, none of us expected this, he was much loved and will be sadly missed for a long time to come. lets just hope his father plays nicely and realises what a mistake he is making before its too late. Yes, it's sad- also a very strong recommendation for EVERYONE (married, unmarried, rich, poor- as long as aged 18+) to make a Will. And, no- my firm does not deal with making Wills. This advice is wholly disinterested. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.