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DH has no will - what would happen

7 replies

ReshapeWhileDamp · 04/08/2010 14:38

If, god forbid, he died? The house is currently in his name (we're in the process of moving and the new house will be in both our names - we never got around to putting this one in both our names). I have one DS and another on the way. My mother just tore a strip off me for a) not being on the house title deeds, and b) for neither of us having a will. I know this second point is valid but it's just something you don't get around to.

I presumed if I was widowed, the house would come to me anyway, but she seems to think if he died intestate, the house and any assets would be equally divided between me and our very minor DS (ie, junior - DS is 2!) and it might mean I'd have to sell our house in order to put DS's half into trust for him, which would benefit neither of us until he was 18.

Now, my mother is not a finely-honed legal mind, and it's just possible she's talking rubbish. But I did read something recently about a woman whose partner died intestate and she and her children were in dire straits because of the way intestate estates work out. Am I ok because I'm married?

Obviously do not want DH to die. But am also worried about this. DH about to go to America for work for a week, not got time to see a solicitor first!

OP posts:
BeenBeta · 04/08/2010 14:42

If someone dies intestate their property is shared out according to certain legal rules.

The CAB has a good advice page on it.
I am assuming you are in England but rules vary between countries and Scotland in particular has a different legal system.

babybarrister · 04/08/2010 18:45

This reply has been deleted

Message withdrawn at poster's request.

mumblechum · 05/08/2010 14:44

BeenBeta's info is correct.

I run a freelance willwriting business, and if you want any advice, my business email is [email protected].

I've been in High Street practice for over 20 years but Marlow Wills is a new startup so my charges are very competetive (£75 for a standard single Will, £130 for a standard couple).

sleeplessinse · 06/08/2010 12:41

mumblechum have posted on your small business advert. I need a Will doing superspeedily (ie by end of next week)

Can you help?

mumblechum · 06/08/2010 13:03

Sleepless, yes, I can do it by next week if we both get our skates on. I normally turn around the draft will within 24 hours of receiving instructions, so if you'd like to mail me on

[email protected], we can arrange a phone conference.

titchy · 06/08/2010 13:13

If the house is in his name only, rather than both o you as joint tenants, the house would be owned equally by you and ds. I don't see why you would need to sell the house to put his half in trust - as long as ds is the half owner and not able to access the house till he's 18 all would be oK.

However - more to the point does dh have life asurance in your beneift?

mumblechum · 07/08/2010 12:17

sleepless, the draft should be in your inbox, I sent it last night.

Thanks

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