They are not married. I know he has some underlying health issues and has not been well recently.
If he died what benefits would my friend be entitled to
A financially dependent cohabitant may be able to apply to the courts for provision to be made for you from the estate of your deceased partner if the relationship ends as the result of death or otherwise. This is known as the redress scheme for cohabiting couples. If you get redress by a court under this scheme, you may be exempt from paying Capital Acquisition Tax.
Qualified cohabitant
In order to apply for redress you must be a qualified cohabitant, that is, you must have been:
If you do qualify to apply under the redress scheme, you still may not be entitled to any provision or share of your partner’s estate if they die. Much will depend on the financial relationship between you and your partner, each partner’s financial circumstances, whether your partner was still married or had children and the size of the estate your partner leaves.
- Living with the person for at least 5 years in an intimate and committed relationship or
- Living with the person for 2 years in an intimate and committed relationship if you have had a dependent child with your partner
As above very easy to get married in registration office without all the fanfare with 3 months notice this can waved by judge if 3 months is not possible. Think medical grounds might get this waved. They don't have tell anyone and hopefully if her partner gets better they can celebrate it later noone will be the wiser. But if the worst was to happen to makes things very straightforward and makes very stressful time a little easier.@lady17 - In addition to the useful advice above if he passed away she could apply under the Redress Scheme for Cohabiting Couples if criteria are satisfied. See below.
Use of above is likely to be expensive, stressful, uncertain, and time-consuming.
Your friend and her partner should both makes wills tomorrow and ideally get married as soon as possible. She would inherit his estate tax free without any question marks. She would also receive any survivors' benefits available as well without dispute.
You apply to circuit family court for exemption to 3 month rule on health grounds. It informal process no lawer is needed. I did that myself and it was just meeting with the judge in office with both parties. explaining why and why it was in interst to get married. order was issued their and then.As above very easy to get married in registration office without all the fanfare with 3 months notice this can waved by judge if 3 months is not possible. Think medical grounds might get this waved. They don't have tell anyone and hopefully if her partner gets better they can celebrate it later noone will be the wiser. But if the worst was to happen to makes things very straightforward and makes very stressful time a little easier.
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