Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Intestacy and family home question

3 replies

Westwiththesun · 22/04/2021 16:25

The scenario is this: A man died and left no will. He lived in a house he had owned outright for the duration of his marriage. His wife lived on and off with him in the house but was not on the deeds, nor had she paid anything toward the house. The husband and wife were living together for convenience, but had separate bedrooms. The house is worth more than the £270k amount that automatically goes to a wife. His estate is worth more than the value of this one house though. His estate is being dealt with under intestacy rules. What happens to the house if the man also had children from an earlier marriage who are beneficiaries under the rules of intestacy? Is the first £270k portion of it given to the wife then the remainder split in value according to intestacy (ie half of remaining value to wife and the other half between the children?) Or can the wife claim the whole house and the children’s share comes out of other parts of the estate?

OP posts:
prh47bridge · 22/04/2021 17:01

If the wife's portion of the estate is sufficient to cover the cost of the house, she can keep the house. The intestacy rules don't care about what happens to individual assets. All that matters is that the wife gets the first £270k plus half of anything over that amount. The law doesn't care whether that is achieved by giving her the house and some other assets or in another way.

MrsBertBibby · 23/04/2021 08:06

The wife could also claim a greater share of the estate.

Were the children dependant on the deceased?

New posts on this thread. Refresh page