Probate disputes case studies – My partner’s Will is out of date

A man and woman lived together and had two children. The women tragically died from cancer at an early age. They had not sorted out their finances before she died.

She had made a Will many years before she met her partner or had children, which gave all her assets to her mother and brothers, not taking into account her partner and children.

The house in which they lived, belonged to her and she had some savings.

On her death, because of the Will, neither her partner nor her children would get anything and would not be able to live in the property which was their home. Her mother also felt that she should take care of the children after her death and not her partner, the children's father, who was caring for them on a day to day basis.

Court proceedings had to be issued in order to resolve matters between them. The grandmother of the children had to accept that the father of the children was the best person to look after them. Also that he needed a house for them to live in and money to look after them. The property was transferred into his name and the savings were put into a fund to be used for the children.