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Original poster

Dad has passed and no will in place. Advice welcome

31 replies

LucyintheSky21 · 08/11/2021 20:57

Hi

I wondered if anyone could advise me (for my mother really), just a bit of general advice. Very tragically my DF passed just a few weeks ago, it was unexpected and we are all absolutely heartbroken. My poor DM unfortunately has so many formalities and legal matters to deal with, which is just awful when she’s feeling so low without my DF. This is the worst situation that could have ever happened, my DF meant so much to all of us and he was my DM’a life. Unfortunately neither of my parents had put any will in place and my DM is trying to get her finances etc in place and has things like shares etc to sort out. I know she will need proper legal advice but she has spoken to someone today and has been told that due to the absence of there being a will in place that all of their joint assets might not automatically all fall to her and that some may need to be divided between me and my sibling. I am not happy about this as I don’t want anything and won’t accept anything as I am too upset and I just want my DF to be here with us and I think it makes no sense at all for me of my sibling to receive any money. It should all go to my DM as that’s what my DF would have wanted and it’s correct as far as I’m concerned, their money and assets etc are theirs. It makes no sense to me but my DM has been told that she might have to deal with this if it is the case. Can anyone please clarify in a simple way if this is correct or can it all just go to my DM and she can then do a will? At the end of the day, this is a heartbreaking situation that we are all in as a family and yes they should have had a will in place but as they haven’t you’d just expect (or I would just expect that it all goes to my DM). If anyone does have to go to me and my sibling, I would be returning it to my DM as it does not feel right. I don’t want my DM to be any financially worse off and whatever they had or there is left is there for my DM to live off and I really don’t want and can’t accept anything .

If anyone has been in a similar situation or if there are any legal people who can give a little advice I would really appreciate it. I’m asking for my DM as she asked me if there is any way of finding out.

Many thanks in advance.

OP posts:
Eltonsglasses · 08/11/2021 20:59

Which country are you in?

Solasum · 08/11/2021 20:59

Were they married?

Chasingsquirrels · 08/11/2021 21:00

www.gov.uk/inherits-someone-dies-without-will to start

titchy · 08/11/2021 21:01

What sort of joint assets?

If a property is held as joint tenants it goes to her direct without even forming part of your df's estate. If the rest of his estate is worth over £270,000 then it will be split according to these rules:

https://www.gov.uk/inherits-someone-dies-without-will

Thanks
Soontobe60 · 08/11/2021 21:02

First of all, I’m so sorry that your lovely dad has died - it’s an awful time I know.
Have a good read of the link here - what happens to your dad’s estate depends very much on the value of it. If it turns out that he’s left enough to mean something goes to you and your siblings, you can always give it back to your mum, but it will have to be paid out to the correct recipients in the first place.
www.gov.uk/inherits-someone-dies-without-will

Original poster
LucyintheSky21 · 08/11/2021 21:03

Yes they were married nearly 50 years. And I’m the UK.

OP posts:
Original poster
LucyintheSky21 · 08/11/2021 21:07

Soontobe60 - thank you so much. It really is the most painful time and the most painful thing I have ever had in my life. It was just a few days after my birthday as well and my DF meant the world and more to me. So unexpected and he wasn’t unwell. A fit and healthy, very active kind wonderful dad and husband to my DM and a wonderful grandfather. The last thing I want is any money or anything at all from my DM and I just wanted to know if there was a quick answer and if I could return the money if it did have to come to me.
I will read the link you have sent me, thank you.

OP posts:
Eltonsglasses · 08/11/2021 21:10

@LucyintheSky21

Yes they were married nearly 50 years. And I’m the UK.

Which country?

Bagadverts · 08/11/2021 21:10

There are different rules in Scotland to England and Wales and might be different in NI.

Original poster
LucyintheSky21 · 08/11/2021 21:13

Having looked at this, can I just ask as regards assets. It says that their jointly owned house would go to my DM but if the house is worth over £270,000 does this mean that the house wouldn’t go to to her. Or is the £270,000 that is mentioned mensing any other assets other than the jointly owned house that would have to be shared? Sorry for sounding stupid.

OP posts:
Original poster
LucyintheSky21 · 08/11/2021 21:14

Sorry, I’m England.

OP posts:
Original poster
LucyintheSky21 · 08/11/2021 21:15

Apologises for the typo’s. I keep meaning to say, in England. Not ‘I’m’ England.

OP posts:
parietal · 08/11/2021 21:18

I believe that if they were married & are in England, then the wife gets everything.

the over 270K matters for inheritance tax, but there is no tax for husband to wife inheritance.

titchy · 08/11/2021 21:22

@parietal

I believe that if they were married & are in England, then the wife gets everything.

the over 270K matters for inheritance tax, but there is no tax for husband to wife inheritance.

Not true. As the link says, the spouse gets the first £270,000, the rest of there is any is then split.

If the house is owned as joint tenants (NOT tenants in common) then the whole house is simply transferred to the spouse. It isn't included in the £270k.

Leftbutcameback · 08/11/2021 21:22

If they hold the house in the way most people do (joint tenants) it will go to her automatically by survivorship (sorry, I know that's a horrible term). I'm so sorry OP, he sounds lovely and it's such a shock when it's sudden Flowers

Leftbutcameback · 08/11/2021 21:25

Try not to worry too much, it doesn't sound too complicated and I'm sure it can be resolved. I would start with your mum writing down all assets she knows about, including joint accounts, so you know what the full picture is. The departments that deal with probate are happy to help, and keen to ensure people can access the services without lawyers if required.

Original poster
LucyintheSky21 · 08/11/2021 21:26

Thank you ever so much everyone who has responded. I will pass this on to my DM. And thank you Leftbutcameback

OP posts:
Craftycorvid · 08/11/2021 21:26

I’m sorry for your loss.

If you and any siblings don’t wish to inherit anything due to you now, you do something called a ‘deed of variation’ meaning you waive your share in favour of your mum.

EvilRingahBitch · 08/11/2021 21:31

If the house was owned as joint tenants (very likely for a married couple) then his half will go automatically to DM
Anything in joint bank or savings accounts will also go automatically to DM.
Then add up the value of anything else that belonged to your DF in his sole name. If that is greater than £270,000 then you might have a problem and some of it should go to you but that's quite unlikely.
Even if he did have more than that in his name don't panic. You don't have to take your share of anything in excess of £270,000 - you can carry out what's known as a deed of variation which is simple for any competent solicitor to carry out, and will just make sure that everything goes to your DM if that's what you (and any siblings) want.

Soontobe60 · 09/11/2021 20:25

@Craftycorvid

I’m sorry for your loss.

If you and any siblings don’t wish to inherit anything due to you now, you do something called a ‘deed of variation’ meaning you waive your share in favour of your mum.

I thought a deed of variation only applied to a will. The Ops father didn’t have a will, so intestacy rules apply.
Chasingsquirrels · 09/11/2021 20:42

You can also use a deed of variation to change how the estate has been divided up under the rules of intestacy, just as you would with a Will.

prh47bridge · 09/11/2021 21:27

@Chasingsquirrels

You can also use a deed of variation to change how the estate has been divided up under the rules of intestacy, just as you would with a Will.
That is correct. It is possible to use a deed of variation to change the distribution of an intestate estate in exactly the same way as changing a will.
Soontobe60 · 10/11/2021 06:37

@Chasingsquirrels

You can also use a deed of variation to change how the estate has been divided up under the rules of intestacy, just as you would with a Will.
Ah, I didn’t realise that.
Tailendofsummer · 10/11/2021 06:44

If the estate is very large then the children having a share is unlikely to leave the mother significantly worse for financially.
There could be good reasons for accepting the legal share (if a large estate) as it could end up as part of eventual care home fees, or subject to a larger inheritance tax.
OP you're in the thick of the shock and grief just now and the money side of things will take some time to sort out (my fil's will has taken over a year to sort) and I think just being there as a family is probably all you can think about just now.

Original poster
LucyintheSky21 · 10/11/2021 07:04

Hi again, can someone please help as I am getting quite confused. My mum and dad’s house is jointly owned so I understand this goes to my mum. They also have a house that they rented out which has just been sold and I believe that this also goes to mum and is jointly owned. Is it only anything that my dad has in his own name that comes to over to £270k that comes into question? He possibly has a few things in his sole name which come to something like £20k at the very most.
I have a friend who is saying that it is total estate of £270k, half of two houses etc and my friend is talking about inheritance threshold but I think my friend has it wrong.
So just to be clear, I would really like a very simple and easy to understand answer. Anything that’s in both names as in their home and the house they have just sold (not worth a large amount), so these both automatically go to my mum? Is it literally anything solely that was his name only that may need to be split and that’s if it’s comes to the value of more than £270k?

OP posts:
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