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Original poster

Mr X has died : who gets the house?

201 replies

MySecret21 · 26/12/2023 17:49

Just after some advice please…

If Mr X dies and he lives alone in a property that he owns (no mortgage) what happens to the house?

He has two children but they are both under 18 and live with their mother. Mr X and their mother were never married and separated over 10 years ago.

The only other family Mr X has is his dad.

As Mr X’s children are below 18, will the house go to his father instead?

There is no written will so everyone is just speculating as to who decides what to do with the house and who gets what.

Thank you.

OP posts:
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6
TheaBrandt · 27/12/2023 14:45

If in England as there’s a house going to kids the iht threshold should be £500k so if under that no tax anything over that taxed at 40% on the share over £500k.

DragonMama3 · 27/12/2023 17:16

Soontobe60 · 27/12/2023 06:55

To qualify for BSP, you have to be living with the deceased at the time of death.

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DIdn't know that. K

DragonMama3 · 27/12/2023 17:22

OP - their Mother needs a qualified solicitor for the advice asap.

Probate is taking a very long time atm.

TrixieMixie · 27/12/2023 18:24

Goes to the children. If under 18, it should be in trust. If you are the mother in this scenario, you get nothing but your kids (by MrX) do.

onedogatoddlerandababy · 27/12/2023 18:39

As someone who has never been married but does have two kids, and is in england, it will go to his children. Solicitor confirmed to me when making my will that should I have died without it, house would automatically go to the kids.

it would not go to his parents unless there was a will stating that

Newbutoldfather · 27/12/2023 18:47

I think that there is some sound advice already given.

Whoever are the trustees need to show the money is being used to best serve the children.

I think it would be tough to make the case that living in the house,
rather than selling it, best served the interests of the 17 year old. Very soon he will need money for uni and, in a few years, somewhere to live himself.

Of course, it does depend on the specific circumstances, but I would have thought cash would be far more useful to the children (assuming that they already living comfortably) than a house move and then having an asset which will become useless for them personally within a short period.

Bugbabe1970 · 27/12/2023 18:47

DragonMama3 · 26/12/2023 20:21

The estate will have to pay for the funeral so knock off roughly 4K off the 40K.

1k for a closed cremation

JustAnotherManicMomday · 27/12/2023 19:13

Probate will step in and make the decisions. If Mr x is on the birth certificate of the children they have a claim.

Jax57 · 27/12/2023 19:33

His estate will pass to his parents. It won’t go in trust until his children are 18. There is still no such thing as a common law wife. If the property was owned as joint tenants then 50% would go to his father 50% to the other joint tenant. If no will and no parents then it would be Mr X’s siblings. If no siblings then it could go straight to the government.

WatchOutMissMarpleIsAbout · 27/12/2023 19:36

Jax57 · 27/12/2023 19:33

His estate will pass to his parents. It won’t go in trust until his children are 18. There is still no such thing as a common law wife. If the property was owned as joint tenants then 50% would go to his father 50% to the other joint tenant. If no will and no parents then it would be Mr X’s siblings. If no siblings then it could go straight to the government.

No it goes to the children under the intestacy rules. You clearly aren’t a legal person as you also aren’t aware of the joint tenancy rules.

YeahRatFans · 27/12/2023 19:40

Jax57 · 27/12/2023 19:33

His estate will pass to his parents. It won’t go in trust until his children are 18. There is still no such thing as a common law wife. If the property was owned as joint tenants then 50% would go to his father 50% to the other joint tenant. If no will and no parents then it would be Mr X’s siblings. If no siblings then it could go straight to the government.

Not sure you could be more wrong. (Except the CL wife bit)

MarsandVenus · 27/12/2023 19:47

OP it’s lovely that you’re looking out for your friend like this but MN isn’t really the place for watertight legal advice & not all the suggestions on here are sound. Seek advice from a qualified person so ur friend knows exactly where she stands. Hope all goes well

Jax57 · 27/12/2023 19:52

Having done probate for my deceased BIL where he died with no Will and was living with his girlfriend for an estate including property of over a million and my recently deceased MIL - there were no issues with the claims I submitted as someone’who doesn’t know inheritance law’.

Another2Cats · 27/12/2023 20:17

@Jax57 You appear not to have read the OP and the updates. Firstly, the deceased was not cohabiting - either as a joint tenant or tenant in common - so that is irrelevant.

In addition you are wrong to say that where there is no will the estate will be left to a parent in preference to any children (minor or not). In England & Wales the estate is shared equally between any living children.

In addition, if any of the children died before the deceased died, then their children (grandchildren of the deceased) will inherit in their place.

I am genuinely confused as to why you think that his father would inherit when he has children?

saffy2 · 27/12/2023 20:56

All assets will go to the children. I looked this up recently, as we are not married and have no wills.

TheaBrandt · 27/12/2023 21:04

Careful with jointly owned property that won’t go to the children on first death but to the other joint owner despite a will. Everyone needs to take advice on their own circumstances.

BooneyBeautiful · 27/12/2023 21:17

Potentialmadcatlady · 26/12/2023 20:20

True but I have two executors who will help stop that if needs be and have kept it very simple so only my two dd inherit..

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If it is contested then it has to go to court and the judge will have the final say, not the Executors. If there are close relatives who you think might contest the Will, then a good solicitor will always advise you do an in-depth written statement explaining why you don't want them to inherit. It makes it far less likely a judge will then find in their favour.

Potentialmadcatlady · 27/12/2023 21:37

BooneyBeautiful · 27/12/2023 21:17

If it is contested then it has to go to court and the judge will have the final say, not the Executors. If there are close relatives who you think might contest the Will, then a good solicitor will always advise you do an in-depth written statement explaining why you don't want them to inherit. It makes it far less likely a judge will then find in their favour.

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There would be no grounds for contesting. None. My will is clear and kept up to date. My executors are kept up to date also.
The Judge would have no grounds in law to go against my wishes.

TheaBrandt · 27/12/2023 21:41

If you’ve got children and are single and leave your estate to them it’s hard to see who would claim and on what grounds (unless you were actually supporting someone else at your death).

Thisreallyisntmyproblem · 27/12/2023 21:53

Whether it goes to kids or parent is moot if the parent wants it to go to the kids. He can put it into trust for them either way.

Accepting that they had not been in contact with him, it is still sad for these two teens to have lost their father.

DragonMama3 · 28/12/2023 00:44

saffy2 · 27/12/2023 20:56

All assets will go to the children. I looked this up recently, as we are not married and have no wills.

Please, please write wills. It's so so important.

DragonMama3 · 28/12/2023 00:46

@Potentialmadcatlady - there are grounds to contest a will. Executors aren't super human they merely sort out what happens. Judges do award to people left out of wills.

DragonMama3 · 28/12/2023 00:49

Contesting a will:

The validity of a will can be contested if you believe it was created under one or more of the following conditions: The person who has died did not have sufficient mental capacity at the time the will was drawn up. The person did not understand or was not fully aware of the content of the will.

CrabbiesGingerBeer · 28/12/2023 03:22

DragonMama3 · 28/12/2023 00:49

Contesting a will:

The validity of a will can be contested if you believe it was created under one or more of the following conditions: The person who has died did not have sufficient mental capacity at the time the will was drawn up. The person did not understand or was not fully aware of the content of the will.

It can also be contested by a person being maintained by the deceased if the deceased has not made ‘reasonable provision’ for them.

If that person is a spouse, case law basically says they can’t be left less on death than they would have got on divorce.

Anyone else would get less.

CrabbiesGingerBeer · 28/12/2023 03:32

Jax57 · 27/12/2023 19:52

Having done probate for my deceased BIL where he died with no Will and was living with his girlfriend for an estate including property of over a million and my recently deceased MIL - there were no issues with the claims I submitted as someone’who doesn’t know inheritance law’.

You got every point other than the common law wife bit completely wrong in your previous post. You clearly don’t know inheritance law - you just know what law applied in one particular case you dealt with and for some reason, you think it applies in cases even where there are children despite multiple posters linking to government websites that show this is completely incorrect.

If your BIL had no children and no spouse so you are right, the MIL inherited. If he had had children (whether with his live in girlfriend or not), they would inherit everything if there was no will and your MIL would not get a penny (although if he was supporting her, she could make a claim on his estate).