UK - family law question?

my uncle died intestate, his only daughter is n-o-k. my uncle had a girlfriend who lived with him for 3 years but contributed nothing to the property - she was a kept woman. my cousin has now asked girlfriend to leave property as it is too expensive for her to maintain and needs to sell it. (currently worth approx 拢40-拢60K) Cousin offered girlfriend 拢5k to set her up somewhere else. Girlfriend done a runner, stolen property that wasnt hers and sold expensive furniture. she is suing my cousin for 拢25K from the estate and since she has nothing, gets legal aid. My cousin has been advised to settle out of court as court costs would be incurred otherwise. This doesnt seem fair?
i have asked this before, so check my profile for further questions about this as there has now been further developments.
it seems my cousin is being penalised. the fact that my uncle didnt make a will surely implies he didnt want her to get anything?
(he was 65 and died suddenly)

n-o-k = next of kin
the girlfriend is getting legal aid so its costing her nothing, and if she wins case, my cousin has to pay her costs!
my cousins solicitor is advising her to pay!!

Since the girlfriend has NO legal relationship with your uncle, she is not entitled to a claim. Don't worry about the court costs, since she will pay for the court case if (like it probably will) it comes toppling down around her ears.

I am really surprised it has got this far.

She could have a claim if she can prove he was maintaining her. Forget what its called Family Home and Dependants legislation or something. Your cousin should check if this applies to intestate estates.The stolen stuff is a criminal matter. Even if she does get something out of the estate theres statutory charge levied by legal aid which means she will have to pay back her costs to them and they could be substantial. Dying intestate means nothing other than he didnt leave a will. If he really had wanted to cut her out he should have made one.

If - like you say - she was indeed a 'kept woman' then she would have been entirely dependent upon your uncle to take care of her. Your cousin was wrong to just kick her out. I'm guessing this lady isn't exactly a young age herself so it would be very difficult for her to start over. How can she get a place of her own if she has no job?! She lived with your uncle for 3 years - some people could argue that's almost like a common-law marriage. A lot of people don't make wills - that doesn't mean they were completely heartless and wanted their loved ones to do without - they just somehow never got around to doing it.

That 'stolen' property you talk about might have been the items your uncle and his girlfriend bought together. Just because they weren't married doesn't mean their relationship wasn't real. It sounds like your cousin just wants to keep everything to herself. Thankfully this is why the law is there to protect vulnerable people.

It's very easy to fall on the side of the cousin. But imagine if it was your mother who was getting kicked out of the home she had lived in - and was expected to leave everything behind. Would you still be feeling the same way? :-)

As far as I am aware your uncle's girlfriend is entitled to nothing - she was not his wife, they had no children together - and the law doesn't recognise the concept of 'common-law' anything .....

On the other hand your cousin doesn't have a direct right to your uncle's home and property .... but may turn out to be the next living relative entitled to what is left of the estate after probate - in which the tax man takes a large chunk ......

As for your uncle's girlfriend suing ....tell her to whistle dixie - she doesn't have a leg to stand on and has no legal standing as far the estate is concerned.... your cousin has no legal obligation to her in any shape or form.... the taxman and the probate department are in control now ..... tell your cousin to make a list and give a value to that list of the things the girlfriend has taken = if you can show where she sold these items and for how much would also be useful..... then give this list to the probate ..... the taxman will be chasing her for their money ......

I don't understand what 'n-o-k' means in terms of the daughter but I'm guessing she can't be found or isn't alive any more ..... she too would be in the same situation as your cousin - but would obviously be the next in line to benefit from the residue of his estate.....
Just to add to this - the rules are as follow:

Husband dies - wife has a legal right to his estate
Wife dies - husband has a legal right to her estate
Both parents die .... any children born to the relationship, as well as any children not of the family but legally recognised as born to or legally adopted by one or other of the married couple - next of kin in equal shares - but NO LEGAL RIGHT to the estate BEFORE PROBATE.....
Both married couple die - no children - siblings of one or both of the married couple.....dependant on who in the married couple legally owned what (for instance the house might have been in the husband's name and ownership but the contents were jointly owned) - next of kin in equal shares but NO LEGAL RIGHT to the estate BEFORE PROBATE.....

Live-in housemaid, cleaner, lodger, lover .... NO LEGAL RIGHT IN ANY CIRCUMSTANCES - AND NO LEGAL ENTITLEMENT TO ANY PART OF THE ESTATE IN ANY CIRCUMSTANCES......

The law does not recognise anyone who does not have a legal binding to someone ..... and then it goes down in stages.....
Husband
Wife (or vice versa)
Children (adopted and born) - but not those not legally belonging .... so even though children might be brought into the relationship from another relationship - they may not be considered children of the family if they cannot show a blood or legal connection to the deceased person(s).....this could apply to children brought to a marriage and the deceased person was not their father or mother nor adopted them as their own.....
Brothers or Sisters of the deceased person(s) - again only those who can show a blood or legal connection to the deceased
Aunts and Uncles of the deceased
Grandparents of the deceased (although generally these people have already gone)
Cousins of the deceased - 1st, 2nd, 3rd removed....
In the very rare exception of none of these people existing or can be traced then the estate will be swallowed up by the Government