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

[Nameychangeee]

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?

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.

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

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.

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

Hahaha! I thought it was just me!

Or even if anybody is actually dead or hypothetically dead.

When you make a will, your question will be answered.

It wpuld depend if the payment for the mortgage was placed in trust and the beneficiary was legally bound to pay off the mortgage. If there is no will and therefore no executor It is possible that the mother could do whatever she liked with the money. However presumably the bank would repossess the house. It sounds very ill thought out.

"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?"

Then the Life Assurance is used to clear the mortgage. The house won't be left 100% to DC's mother - she will own the % share she owns now. If that's zero, things get VERY complicated.

Yes, this post is confusing.
I'm going to assume man and woman, not married. The woman has two children, but we do we know that the man is the father? I will assume they are.

One parent (whose?) is still alive. I'm going to assume the man's mother.

If the man dies, the estate should go to his children after any debts, including the mortgage is paid. If there is no mortgage insurance, the bank may want to close the mortgage after the estate is settled. The trustee of the estate would manage the funds until the children come of age. Unless named, I'm assuming his living mother would be next of kin.

I agree that the poster should go to a lawyer.

Depends if his mother likes his children's mother or not, if they are under 18. She could fight to be trustee until they are 18 and as they aren't married she is next of kin after the children.

🤣🤣🤣

Hopefully father is named on birth certificates.

Having Been through a similar experience about a year ago ,my dh,estranged father passed away without leaving a will ,according to intestacy rules if there is no spouse ,the children inherit .my dh got a very unexpected inheritance.

I am guessing this is the mother writing this. Not the father/ owner of house/ life assured/ paying mortgage/ person who has not made a will.

UABU to ask on Mumsnet where you may get a variety of answers not all correct.

Like a pp I'm assuming this is an unmarried mum living in a house solely owned by her dp who is refusing to make a will. He probably believes in common-law wives

As others have said it would seem the mortgage would be paid off via the life policy if that's how it is written. The dcs would then inherit the house. OP would get nothing and unless the dcs as adults let her stay in their house, she'd be homeless.

As the dc's primary carer I don't see why Op wouldn't be able to be trustee.

As long as there was a deed of trust and she was named as a trustee. The document does have to be written, signed and the trustees and beneficiaries named in it. If the person in question hasn't made a will, is it certain they have set up a trust?

The money would be held in trust for DCs. Anyone close can apply to administer that, it depends on the situation. For example, the mother, the grandparents or a god parent. Without naming them in the will the person that has died won't have a say.

OP, it’s pretty clear you are the mother and your partner is the one without a will and, presumably, refusing to get married. He’s a fool for taking this approach but you would be a bigger fool to not getting proper legal advice on this, rather than asking unqualified strangers on social media.

This isn’t the case.

It’s just something that DH and I can’t agree on what would happen. It applies to some family members of ours.

cancel the cheque

Write a bloody will for fucks' sake

And if you are the unmarried mother whose partner won't write a will then you should have said that instead of messing about and people could have given you sensible advice based on the actual situation.

Perhaps explain the situation more clearly and truthfully and then you might get some helpful comments.

Edited: Cross posted with you. I see you have now explained who it applies to.

Intestacy rules will apply so DC will
inherit. The court will appoint someone suitable to manage the inheritance on behalf of the children (usually the other parent).

Life assurance will go to whoever is named on the policy. Pensions are more complex but will depend on individual circumstances.

Joint assets go to the joint owner so don't follow the intestacy rules.

I don’t think it’s about the OP making a will though, is it. It’s more like the OP trying to work out where she and her children stand if her partner or the children’s father dies.