Tenants in common - what happens if no will?

[D3lphine]

If you have no will and are tenants in common with your spouse, what happens to the share if the person dies? I know we need to sort out a will asap but I'm just wondering what would happen if anything were to happen to one of us in the interim. He has one DC from our first marriage, no joint DC. Not sure if that makes a difference as to where it automatically goes?

If you die intestate without a will then your share of the house goes to your "next of kin" - there is a hierarchy that usually has to be followed - spouse, parents, siblings, nieces/nephews, cousins etc

If you're married then it's less complicated then if you weren't

Thank you. If he died, would the house go to me or his DC? Only other "asset" is his work's life assurance scheme. He has done a statement of wish for that so I'm guessing what he wrote would stick? What about the contents of the house? His car? Etc. Not that all that together (minus the life assurance) is worth a great deal.

This would be so much easier if we just sorted a will out!

Since 1st October 2014, where a husband dies leaving a surviving spouse but no surviving children or grandchildren, then the spouse is entitled to receive the whole of their husband’s Estate.
If, however, the husband leaves a spouse and children or grandchildren surviving him, then his Residuary Estate is potentially divided differently if the value is worth more than £250,000.
If it is, then the surviving spouse is entitled to receive all of their husband’s personal possessions together with a legacy of £250,000 from his Estate. The remaining amount of his Estate is then divided equally between the surviving spouse and his children.

So of you have children and you are married but there is no will then you get the first £250k and the rest goes to his children

If his assets are worth less than £250k then you'd get it all

I'm afraid ivfbeenbusy is out of date.

Assuming you are in England or Wales and are married, if he dies you would receive all his personal possessions (regardless of value) and the first £270k of his assets, including property, plus half of anything over that. The remainder would go to his child. The rules are different if you are in Scotland or Northern Ireland.

His work's life insurance scheme is almost certainly written in trust which means it does not form part of the estate. The trustees decide what happens to that but will normally follow his expression of wish.

@prh47bridge

Thanks! It's been a while since I sorted our own wills x

Drafting my will now and pecking partner to do his.
We aren't married but house is in both our names.
He was always putting off making a will , but when I told him our son would get everything he's changed his tune.

@drinkingwineoutofamug - If you are joint tenants the house will be yours automatically if he dies. It will not form part of his estate so his will is irrelevant. However, if you are tenants in common, 50% of the house would go into his estate and would indeed go to your son, so you and your son would be joint owners of the house.