Man faces eviction over probate spouse rights

A Great Yarmouth man faces losing his home because he partner did not leave a will.

Norwich Evening News 24 reported that Colin Goodwin could be evicted from the house that he has lived in for 17 years because the marriage to his late partner Michael Chatwin is not recognised by law.

The couple married in 1994, ten years before the Civil Partnerships Act was introduced.

"Same-sex partnerships entered into before [December 2005] were not given legal recognition by the act, so it has only been possible to be civil partners - and for the relationship to have legal recognition - since then," explained Sue Hammett, a solicitor specialising in will and probate law.

Since the act, couples who choose to register a civil partnership will be considered to have the same rights in law as other married couples.

Financially this means that if one partner dies, the survivor will not have to pay inheritance tax and will have a joint right to assets, unless specifically prohibited in a will.

Published by Tessa Jones