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Is there any way in which my mother could have still lived with Jean but prevented her from receiving property after her death?
Your mother could have made a will directing where her property was to go when she passed away. Even with careful estate planning, however, it is not possible to contract out of the Dependants Relief Act. That Act allows for someone who is not provided for in a will or by the intestacy rules to apply for money or property from the estate of a deceased person. Only certain people can apply. The group now includes adult interdependent partners.
The result of the laws acting together means that you cannot make an agreement or contract to say that the Dependants Relief Act will not apply to your estate. Even if you leave a will, someone who can claim they were your adult interdependent partner, could challenge your will in court and possibly obtain property or money.
July 2003
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