14/05/2026
In relationship law, when a partner dies, the survivor has the option to either divide the property according to Property (Relationships) Act 1976 or to inherit from their partner’s will (or under the Administration Act 1969 if there is no will). In Rimmer v Wilton, the court allowed Ms Wilton to inherit from Mr Rimmer’s estate plus continue to use property that would likely have gone to his children, leaving a very challenging situation.
Mr Rimmer died without a will. At the time of his death, he owned half the family home, some chattels, and money in an account. His children argued that Ms Wilton should not be able to inherit plus rely on a contracting out agreement (prenup) to use Mr Rimmer’s share of the home for life once it was converted to cash. The High Court and Court of Appeal disagreed.
This significant case highlights the importance of having clear prenups and up-to-date wills, as well as understanding how they interact. If you have a prenup with your partner (even if you believe it is old and no longer applies), an old will, or no will at all, and want to ensure your assets go to whom you want to receive them after you die, it is important you take legal advice. We can explain how the decision in this case might affect you and your assets. We invite you to contact our specialists in this complex area of law for advice.
