How is relationship property dealt with when a spouse dies?

When one partner dies, the surviving partner generally has a choice under the Property (Relationships) Act 1976. You can choose to apply for a division of relationship property as if the relationship had ended by separation, which usually gives you half of the relationship property, or you can choose to take what is provided for you under the deceased's will or under the intestacy rules if there was no will, but not both. This election must generally be made within six months of probate being granted or letters of administration issued, so it is important to seek advice quickly to compare the outcomes. Options can be complex where there is a family home, a trust or a business involved. A lawyer can help calculate which choice gives a better outcome for you and file the necessary election.