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Help after the death of a partner

What you need to do and what help you can get after the death of your husband, wife or civil partner.

You can also get advice if you were living together but not married or in a civil partnership.

Coping with the death of a partner

If you want to speak to someone

There are several groups that can offer you counselling or emotional support after the death of your partner:

Find out more about bereavement support.

What you need to do in the first week

Registering your partner's death

You don't need to deal with everything straight away, but you will need to register your partner's death.

You must register a death in Scotland within 8 days of the date of death.

Help with funeral costs

If you're on a low income, or your partner was claiming benefits, you can get help with funeral costs.

If your partner had a bank account and it wasn't a joint account, the bank may be able to pay for the funeral with money from your partner's account.

Understanding your rights

If there's a will

An executor will be named in your partner's will. It is an executor's job to sort out someone's finances after they've died.

Anyone aged 18 or over can be named an executor, including you, your partner's parent or your partner's solicitor.

If there isn't a will

Your partner's finances go into intestacy if there isn't a will. If your partner did not have large savings or own a lot of property, and you were married or in a civil partnership, anything they had will usually become yours.

How to claim your partner's money

If you're dealing with your partner's finances you will need to apply for confirmation before you can take over any bank accounts they held on their own.

Confirmation happens when a court confirms you are the person dealing with the finances of someone who has died.

Deal with your partner's debts

Any debts your partner had will be taken from the value of anything they owned when they died, including their share of joint bank accounts.

You won't need to pay your partner's debt with your own money unless the debt was also in your name.

If you weren't married or in a civil partnership

You don't have automatic rights to your partner's money or belongings if your partner has died and there is no will.

Get help with living costs

Claim benefits

If you were 45 or over but under state pension age when your partner died you can apply for Bereavement Support Payment.

Find out more about bereavement benefits and help with money.

Get help with your partner's bills, tax and benefits

You can use the 'Tell Us Once' service to deal with things like tax and cancelling your partner's benefits. It will also cancel their passport and driving licence.

You can also contact Social Security Scotland to find out if there are any benefits that might help you.

Keeping your home

If you rented with your partner

You have a right to stay in your home if your name is on your home's lease. If not, you need to speak to your landlord.

If you had a mortgage with your partner

The type of mortgage you have can affect what happens to your partner's share of your home. You need to check the title deeds if you're not sure, which are usually held by your bank.

Checking the title deeds – Shelter Scotland

You can also get advice if you get behind with your mortgage payments.

Get home owner help from the Scottish Government

An independent money advisor can help you apply to the Home Owners' Support Fund, run by the Scottish Government to help you stay in your home by:

  • buying up to 30% of your home, reducing your mortgage repayments; or
  • buying your home, allowing you to become a tenant

To find out if you're eligible for the Home Owners' Support Fund and to apply, you must visit an approved money adviser.

Get legal help

If you need legal advice about mortgage difficulties, going to court or repossession, you might be eligible for legal aid.

Find out more about legal aid and how to apply.

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