Could my longtime partner who lives with me dispute my will that leaves everything to my son and grandson?

I own my own property but a friend developed cancer and I allowed him to move into my house so I could care for him.

I pay all the bills and food expenses. He pays me £1,000 a month and has the use of the whole house. 

He has taken over the study for use of the computer and the workroom for any projects he has.

I do all the cooking and housework. I wait on him as a carer would yet he has not increased his contribution to the household expenses for several years.

He has lived with me for 15 years and we are in a partnership. It is written in my will that should I die first he has seven months to find himself somewhere else to live.

Would he have any claim to my property if I die first? He is still married to his wife who he left many years ago and still owns their marital home.

He won’t divorce or sell his own home due to tax reasons. He was a financial adviser and is aware of all the tax implications if he divorced.

I am concerned as I have a son and grandson who will inherit my estate and don’t want there to be any conflict if I die first.

Tanya Jefferies, of This is Money, replies: It’s entirely reasonable for you to prefer to leave your property to family members, and want to guard against the possibility of arguments after you are gone.

We asked a lawyer with experience of inheritance disputes to look at your case, and how you might head off that kind of unfortunate situation by taking some precautions now.

You don’t say when your will was written, but if it was recently it sounds worth going back to the solicitor to ask them to address the specific concerns you have raised here, and to draw up a letter of wishes to accompany your will if you haven’t already.

If you made your will some time ago, it’s an even better idea to get everything reviewed again. If you want to find a new solicitor, the Law Society has a useful search tool so you can find a suitable firm in your area.

Paul Walshe, partner and head of contentious probate at Awdry Law, replies: More people are disputing wills these days, but if you address now what you would like to happen after your death and any arguments that could be raised against your wishes, that should limit the chances of a legal challenge.

Nothing you have said suggests that your partner owns any part of your house, although he might be able to bring a different kind of claim against your estate which I will explain below.

However, looking first at the ownership of your house, your partner did not contribute to the purchase or mortgage and you do not mention any agreement or promise that he would have an interest in it.

Paying £1,000 a month towards his occupation and household expenses is not, by itself, enough.

Going on the brief details you have given, a direct claim to a share of the property looks unsustainable and his legal status is likely to be that of a ‘licensee’.

This is because you share the accommodation, which would be classified as an ‘excluded licence’ under the Protection from Eviction Act 1977, and which means it can be brought to an end on reasonable notice.

The executors whom you appoint in your will would have the power to terminate his licence after your death. 

The seven months given in your will would certainly amount to reasonable notice but your executors would have to serve a formal notice to terminate the licence after your death.

If he refused to leave, your executors could issue court proceedings to recover possession once the notice expires.

Could your partner still challenge your will?

Although your partner appears to have no direct interest in your house, he may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which could disrupt how your property is dealt with under your will.

The Act allows certain people to ask the court for financial provision from an estate where the will or intestacy rules fail to make reasonable provision.

This gives the court power to alter the effect of the will if the statutory test is met.

An unmarried partner can apply if, throughout the two years before the death, they lived in the same household as the deceased as though they were a married couple or civil partners.

Fifteen years living together and your description of your relationship as a partnership suggest he would qualify, and his continuing marriage to his wife does not automatically prevent it.

That said, there are factors which would weaken his claim. He pays you £1,000 a month, owns an interest in his former marital home, and appears to have made a deliberate decision not to divorce or realise that asset for tax purposes.

Those facts may make it difficult for him to show that he needs provision from your estate for his maintenance.

However, his cancer, any continuing care needs, the length of your relationship and the extent to which you have supported him could assist his case.

The outcome of such claims always depends on the facts of a case.

The court would consider the resources of your partner as the claimant, the needs of the beneficiaries of your will, your own obligations and responsibilities before your death, the size and nature of your estate, any disability your partner suffers, and anything else it considers relevant.

Regarding your partner, it would also consider the length of your relationship and his contributions to the welfare of the family.

No single factor automatically decides a case of this kind. The court has to weigh them together and assess the position as it exists at the hearing.

What action can you take now?

There is nothing you can put in your will which prevents the court exercising its powers under the Inheritance (Provision for Family and Dependants) Act.

A clause saying that your partner cannot claim under the Act would not bind the court.

You can, however, strengthen the position of the executors you have appointed in your will by also leaving a carefully prepared ‘letter of wishes’ alongside it.

This letter should explain why you have limited your partner’s occupation of your house to seven months after your death, and why you want your estate to pass to your son and grandson.

Your reasons can be placed before the court as part of the wider circumstances, although they will not be decisive.

I would advise you to consult the solicitor who drew up your current will, or instruct a new solicitor, and ask them to do the following.

· Check your will and the proposed seven-month notice provision;

· Assess and record the basis on which your partner currently occupies your house;

· Help you to prepare a letter of wishes explaining your decisions.

While taking these steps won’t make a claim by your partner impossible should you die before him, it will reduce the room for him to challenge your wishes, and give your executors the evidence they require.