Citizens Information

Could I claim a widowâ€â„¢s pension if my partner dies? Question: I have been living with my partner for ten years. He was previously married and has two grown-up children. If he were to die, could I claim a widowâ€â„¢s pension, and what would happen to the house we live in, which he owns? Answer: There is no social welfare pension for people whose partner dies. The Department of Social Protection may pay a pension to widows, widowers or surviving civil partners. It is very important for yourself and your partner to make wills. If your partner dies without a will, you have no right to any share of his estate, no matter how long you have been together. Under a redress scheme for cohabiting couples you may apply for provision to be made from your partnerâ€â„¢s estate. Where the partner dies in an existing relationship, you will not have to show that you are financially dependent on him. In the case of a cohabiting couple, where the surviving partner does not own the house that they live in, but inherits it, she may be liable for inheritance tax, unless she qualifies for dwelling house tax exemption. Your partnerâ€â„¢s children can claim part of his estate if he does not make a will. If he does make a will they can only claim against the estate if the court considers that they have not been adequately provided for (this usually applies to younger children). His former spouse may be legally entitled to a share of his estate, even though they are separated or divorced. Information Phone Service, 0761 07 4000.