In Spring 2025, Boyletts Law was contacted by the sister of a 62-year-old man, “Mr A”, who had been admitted to Princess Alexandra Hospital in Harlow for surgery. Mr A had recently been diagnosed with a serious illness and required urgent surgery if he was to recover. Mr A did not have a Will and wanted to ensure that his affairs were put in order.
Mr A had been in a relationship with his long-term partner of over 20 years, Miss B, with whom he shared a home and financial responsibilities. The property was in the sole name of Mr A.
Mr A had 3 adult children from a previous relationship.
Mr A and Miss B were not married or in a civil partnership and he wanted to make sure that his partner would be protected in the event of his death.
The clients objectives were:
- To ensure his partner, Miss B was adequately provided for, financially.
- To ensure his partner could remain living in the property for the rest of her life, and that his children did not inherit until Miss B had died.
- To appoint professional Executors who could act quickly and impartially in managing his Estate.
- To execute a Will as soon as possible due to his serious condition.
In England and Wales, there are a set of rules, known as intestacy rules, which dictate who would inherit if a person does not have a Will. In this case, without a Will, his partner, Miss B would have received nothing from Mr A’s Estate which would have passed directly to his children. Miss B would have lost her home and would not have any right to remain in the property.
Mr A’s situation highlighted a significant legal risk for unmarried couples without putting a Will in place and taking advice.
Due to Boyletts Law’s offices been so close to Harlow town centre, we arranged for one of our specialist solicitors to attend Princess Alexandra Hospital on the same day. The solicitor was able to see Mr A privately and spoke with the medical staff, to ensure that he had full mental capacity, that he understood the implications of his Will, and that he was not on any medication which could have affected his mind at the time of taking instructions.
The solicitor was able to take full instructions successfully and after returning to the office, arranged an evening meeting back at Princess Alexandra Hospital for the Will to be executed in the presence of a member of the hospital staff who also acted as a witness.
Sadly, Mr A passed away some weeks later. As professional Executors, Boyletts Law was able to administer the Estate and file for Probate without a challenge, and Miss B has been able to remain in the home that they have shared together. There was no dispute from any of the children.
This case demonstrates the importance of making a Will, together with the importance of accessible legal services, which are flexible and that offer external visits in urgent matters without notice.
We were happy to be able to provide a compassionate and professional service which ensured Mr A’s final wishes were honoured and that his long-term partner was protected for the future.