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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask who would inherit in this situation? No will…

56 replies

Nameychangeee · 06/10/2024 20:10

No will.

2 DC that are still young children.

In a relationship with DC’s mother but not married. All live together.

1 parent still alive.

DC’s mother named on life insurance policy.

Who would inherit everything in this scenario? House alone is way over the £270,000 threshold but still has a mortgage on it.

Please no comments stating “get married!”. I just want to know who would inherit. I know it should be DC - but who would “look after” the money/house etc until they were 18?

OP posts:
endofthelinefinally · 06/10/2024 20:46

Pinkbendyman · 06/10/2024 20:43

Hahaha! I thought it was just me!

Show quote history

Or even if anybody is actually dead or hypothetically dead.

Pinkbendyman · 06/10/2024 20:43

BiscuitlyBoyle · 06/10/2024 20:41

I don’t understand who is dead in this scenario!

Hahaha! I thought it was just me!

BiscuitlyBoyle · 06/10/2024 20:41

I don’t understand who is dead in this scenario!

Avanet · 06/10/2024 20:40

This is a really strange thread. It almost sounds like somebody trying to work out if they could take the house or be in charge of children's trust fund so they can drain it or someone trying to stop a partner doing that.

It can't be that surely. I think I need to get out more.

BirthdayRainbow · 06/10/2024 20:39

If you write a will then marry the will needs rewriting. On divorce it stands.

2Hot2Handle · 06/10/2024 20:38

Quick Google search and several solicitors and legal sites are saying that the biological/legally
adopted children would inherit, but the unmarried partner wouldn’t.

One other thing worth mentioning. Before my husband and I made a will, we were told that if both of us had died without a will, the state decides who the children would go to live with, so a good reason to make a will, is to be able to specify your preference of who you would want to look after the DC, if both parents died. Worth thinking about if that could be a concern.

CassowaryRules · 06/10/2024 20:37

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Original poster
Nameychangeee · 06/10/2024 20:33

MouldyCandy · 06/10/2024 20:31

The DC's mother would receive the life assurance as stipulated.
The DC would inherit the property depending on the %share of ownership of the house in the deceased parent's name plus assets. This would need to be held, and properly managed, in Trust until they are 18.
When the oldest is 18, they may want their money tied up in the house - which would need to be sold potentially rendering the mother and sibling homeless. It also affects any future "first time buyer" mortgages they may be eligible for as they already part own a property.

Thank you.

What would happen if the life insurance included a payment to clear any mortgage remaining - as the life insurance is left to DC’s mother, but the house wouldn’t be?

OP posts:
MouldyCandy · 06/10/2024 20:31

The DC's mother would receive the life assurance as stipulated.
The DC would inherit the property depending on the %share of ownership of the house in the deceased parent's name plus assets. This would need to be held, and properly managed, in Trust until they are 18.
When the oldest is 18, they may want their money tied up in the house - which would need to be sold potentially rendering the mother and sibling homeless. It also affects any future "first time buyer" mortgages they may be eligible for as they already part own a property.

7catsisnotenough · 06/10/2024 20:24

It depends on whether the person who died was married and had no will - my understanding is that everything then passes to the living spouse.

Tbh I'd ask @MNHQ to move this to the legal board where you will get advice from legally qualified people x

endofthelinefinally · 06/10/2024 20:22

Nameychangeee · 06/10/2024 20:18

How is there not enough info?

The person has a living parent, but also living children that are under the age of 18.

They are unmarried and own a house in their own name.

Show quote history

It isn't clear in the OP who owns the house or pays the mortgage.
Anyway, as pp have suggested, maybe post in Legal.

Lemons1571 · 06/10/2024 20:22

Depends on the wording in the trust deed. There’s no one size fits all trust wording. You are guided by your solicitor who is drafting the trust document. And they are guided by what you tell them you would want to happen.

Original poster
Nameychangeee · 06/10/2024 20:22

endofthelinefinally · 06/10/2024 20:20

So you would need to confirm whose name is on the deeds and the mortgage. Who pays the mortgage.
Who is on the birth certificate of each child.
Just as a start.
That is before you get to life insurance or pension etc.

Name on the mortgage and deeds is just them.

They are on the BC to their DC.

Life insurance and pension both have DC’s mother as the beneficiary.

OP posts:
Toohardtofindaproperusername · 06/10/2024 20:21

It's free will month.. If its really important to you I'd not ask a forum something of such importance. The only way to know the answer to this question is to go ask a solicitor specialising in willls.
It's free wills month....you could write one while there

Smartiepants79 · 06/10/2024 20:21

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/when-there-is-no-will-who-is-the-personal-representative/#
actually if you read this then it seems that the grandparent would be more likely as she is actually family.
As their is no marriage the partner has very few legal rights.

Pardon Our Interruption

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/when-there-is-no-will-who-is-the-personal-representative#

Original poster
Nameychangeee · 06/10/2024 20:20

Smartiepants79 · 06/10/2024 20:18

The Dc would inherit and the money put in trust. The trust would be administered by whoever was deemed suitable. From what I’ve just read any family
member can apply so it’s highly likely it would be the children’s mother. Unless she is deemed unsuitable for any reason.
Writing a will, will prevent any uncertainty,

Thanks for this!

Do you know whether the trust would be able to be accessed for use for the children? Or would it have to wait for the children to turn 18?

OP posts:
Candaceowens · 06/10/2024 20:20

In the time you've taken to ask this you could have written a will.

endofthelinefinally · 06/10/2024 20:20

So you would need to confirm whose name is on the deeds and the mortgage. Who pays the mortgage.
Who is on the birth certificate of each child.
Just as a start.
That is before you get to life insurance or pension etc.

Hoardasurass · 06/10/2024 20:19

@Nameychangeee perhaps you should ask on the legal board

Smartiepants79 · 06/10/2024 20:18

The Dc would inherit and the money put in trust. The trust would be administered by whoever was deemed suitable. From what I’ve just read any family
member can apply so it’s highly likely it would be the children’s mother. Unless she is deemed unsuitable for any reason.
Writing a will, will prevent any uncertainty,

Original poster
Nameychangeee · 06/10/2024 20:18

endofthelinefinally · 06/10/2024 20:17

The person who would inherit would be the legal next of kin of whoever owns the assets.
There isn't enough information in the OP to determine either of those things.

How is there not enough info?

The person has a living parent, but also living children that are under the age of 18.

They are unmarried and own a house in their own name.

OP posts:
BirthdayRainbow · 06/10/2024 20:18

Nameychangeee · 06/10/2024 20:12

That doesn’t answer my question though.

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Because I can't. If you had a will you would nominate a person to be guardians of the children, the money and the assets.

CissOff · 06/10/2024 20:18

www.thegazette.co.uk/wills

thesandwich · 06/10/2024 20:17

Without a will there will be a huge amount of distress and confusion for everyone involved, especially the children

endofthelinefinally · 06/10/2024 20:17

The person who would inherit would be the legal next of kin of whoever owns the assets.
There isn't enough information in the OP to determine either of those things.