Does a long-term housemate have a right to your estate? As the “loneliness epidemic” and high housing costs continue in 2025, more people are living in “platonic life partnerships.” This article explains how the Inheritance Act 1975 dependency claims is being used by roommates who were “maintained” by the deceased, and why “friendship” is becoming a valid legal ground for a probate challenge.
The “Companion” Claim
In 2025, family isn’t just about blood or marriage. Many people live with a “best friend” for 20 years, sharing bills, meals, and care. When the homeowner dies and leaves everything to a distant cousin, the surviving roommate is often left homeless.
Under Section 1(1)(e) of the 1975 Act, anyone who was being “maintained” by the deceased can bring a claim. For 50 years, this was mostly used for secret mistresses or children. In 2025, it is the year of the “Platonic Partner.”
The “Balance Sheet” of Friendship
To win a claim as a roommate in 2025, the court looks at the “Net Contribution”:
The “Maintenance” Test: Did the deceased provide the roommate with a home for free or at a “substantially reduced” rent?
The Care Loop: If the roommate provided care (cooking, cleaning, driving) in exchange for a roof over their head, the court must decide if the roommate was a “servant” or a “dependant.”
The 2025 Precedent: Courts are moving away from requiring a “romantic” connection. If you were “part of the household,” you have a foot in the door.
Redefining Family
We provide the Authority on the latest “Dependency” rulings, the Education on the Section 1(1)(e) test, the Empowerment for roommates facing eviction, the Empathy for non-traditional families, and the Urgency to claim before the 6-month deadline.
Let’s Do This Together
Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.
To our team, this process is not about winning; it’s about claiming what was yours from the beginning.
Related read: Check our guide on unmarried partners’ inheritance here.
Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com
FAQs
1. Does a “lodger” have a claim?
Rarely. If you paid a full market-rate rent, you weren’t being “maintained”, it was a business deal. You only have a claim if the deceased was essentially “subsidising” your life.
2. What if we had a “Living Together Agreement”?
This is vital evidence. In 2025, if the agreement says “this is a temporary business arrangement,” it’s very hard to claim. But if it says “we will look after each other for life,” it is a “golden ticket” for a 1975 Act claim.
3. Can the “real” family kick me out while I make my claim?
Technically, they can try, but in 2025 you can apply for an Injunction to stay in the house until the court decides your case. Don’t leave the property until you have spoken to a solicitor, as “leaving voluntarily” can weaken your claim that you “need” the house.
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Frequently asked questions.
Can A Will Be Contested?
Yes, a will can be contested if there are valid legal grounds to challenge its validity.
What are the different Types of Trusts?
There are several types of trusts used in estate planning, each serving a different purpose depending on your goals.
What are Examples of Inheritance Trust disputes?
Breach of Trust: Mismanagement of assets by the trustee.
Trustee Removal: Conflicts leading to the removal of a trustee.
Interpretation: Disagreements over the trust’s legal wording.
Undue Influence: Pressure on the creator to change trust terms.
Financial Claims: Beneficiaries claiming they haven’t received their fair share.
What’s the difference between contesting a will and contentious probate?
Contesting a Will:
This specifically refers to challenging the validity of the will itself.
Common grounds include claims that the deceased lacked mental capacity, the will was forged, or they were under “undue influence” when signing it.
Contentious Probate:
This is a broader term that covers any dispute arising after someone’s death during the administration of the estate.
Do I have to go to court to contest the probate?
No, you do not always have to go to court. Most probate disputes are resolved through:
Mediation: A professional mediator helps both sides reach an agreement without a judge.
Negotiation: Solicitors from both sides negotiate a fair settlement privately.
Settlement Agreements: A legal contract is signed to end the dispute outside of court.
Court as a Last Resort: Litigation is only used if all other attempts to settle fail.