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My long-term partner has not left me anything in their Will. What can I do?

It is possible that you may have a claim under the 1975 Act for reasonable financial provision, depending upon the exact circumstances of your relationship with your partner.  The court has a wide discretion regarding what it thinks is reasonable financial provision if it decides that the deceased’s Will did not provide for you sufficiently.

In these circumstances, it is quite important to take specialist advice as soon as possible, particularly in light of the time limits which apply.

Related FAQs

Am I entitled to see a copy of the Will before it goes to Probate?

The only people who are legally entitled to sight of a Will before a Grant of Probate is issued are the executors who are named in the Will.  That being said, it is common practice for an executor to provide a copy of the Will if it is requested.

Once a Grant of Probate is issued, the Will is then a public document and can be readily accessed by anybody who wishes to see it.

Who do the Procurement Policy Notes (PPN) apply to?

All three of the PPNs are effective immediately and apply to the following Contracting Authorities:

  • Central Government Departments
  • Executive agencies
  • Non-departmental public bodies
  • Local authorities
  • NHS bodies
  • The wider public sector

In regards to PPN03/20, those in scope organisations that do not currently use procurement cards are advised to immediately put in place arrangements using the relevant Crown Commercial Service Agreement (Lot 2 of RM3828 Payment Solutions).

Can I make a claim under my cancellations/abandonment insurance?

Cancellation insurance usually covers certain expenses and loss of profit, as long as the reason for cancellation is not excluded. These exclusion clauses are often quite wide and exclude avian, swine flu, quarantine, and restrictions of movement as a result of communicable disease. This means that you may not be entitled to compensation under this cover.

Do I have to continue to pay furloughed staff while furloughed? Can I wait until I receive the money from the government?

To qualify for a grant under the scheme you must pay your furloughed staff the wages you are claiming for. Failure to do so may result in a HMRC investigation and/or claims from furloughed staff for unlawful deductions from wages and possibly constructive dismissal claims.

Normal benefits including non-monetary benefits should continue during furlough unless the individual has agreed in writing to reduce or remove a benefit during this time.

Employers are expected to apply for one or more of the financial support schemes available to be able to continue to pay staff.

How do I carry out a Right to Work check during the Covid-19 pandemic?

The Home Office has provided useful guidance on how to carry out a compliant Right to Work check using the temporary adjustments in place for Covid-19. In summary:

  • You will need to ask the job applicant to send you digital copies of their original documents, for example by scan, photo or mobile app.
  • Hold a video call with the job applicant and ask them to show their original documents on camera so you can check them against the digital copies you have already received.
  • On the date you made the check, record that you have done this by using the following wording “adjusted check undertaken on [insert date] due to Covid-19”. Evidence of right to work checks still need to be held securely either in paper or electronic format.
  • You can use the online RTW checking service where the job applicant has Biometric Residence Permit or pre-settled or settled status under the EU Settlement Scheme. You should do this whilst on the video call with the applicant/employee, and you must first obtain their permission to view their details on this scheme.