Dad died intestate - questions

[NightNightShade]

In 2011 my dad was diagnosed with a terminal illness and died six months later, aged 70. He was survived by my mum (his wife) and me. This is in England.

I was very surprised to find out he died intestate (which is evidenced on gov.uk). He was always incredibly fastidious when it came to financial and administrative things and I seem to recall him having a will in place at one time. I can’t believe he would have died intestate without reason. Although this all happened quite a long time ago now, it’s something that I still find myself thinking about. I’m wondering if anyone might be able to shed some light on it…

He was financially abusive towards my mum (who didn’t work, not sure if that was her choice or his insistance) and the house was in his sole name, as well as all assets. She had no access to bank accounts, receiving only ‘housekeeping’ from him in cash.

He had a well-paid job and savings and investments, stocks, shares etc in all sorts of places. I’m fairly sure the value of his estate would have exceeded the £250k threshold under intestacy rules.

Just before he died, he signed over the house to my mum under her sole name.

What I don’t understand is what happened to the rest. Did he empty his accounts and transfer all the money to my mum prior to his death? Would this get around intestacy rules? But why go to those lengths when you could just make a will?

I have been largely NC with my mum for the best part of 20 years due to abuse as a child. I don’t begrudge her the money, I would just like to try to understand what happened.

As far as I understand it, your mother had the house in her sole name before he died. As it was in her name, it was presumably excluded from the intestate rules that applied to his estate. Wife then keeps everything else up to the current limit of £270,000. (Less 11 years ago) After that, child/children and wife split the remainder.

So if the house was £500,000, and he no longer owned it, I guess the full savings might have gone to your mum?

My dad died intestate. I was astounded. But it happens.

If he had a will in place at one time and has never divorced and remarried, he only died intestate if that will has been destroyed.

If he signed over the house to your mother before his death, it did not form part of his estate. Similarly, anything else he transferred to her would also not form part of his estate. It may still attract Inheritance Tax, but it would not be available for distribution under intestacy rules.

“Seeming to recall a will” isn’t the same as anyone having a copy of it. Yes, he might have destroyed it.

Thank you, that makes sense. I thought it would be something to do with signing over the house but I guess I’m surprised it’s allowed to be excluded from the estate when signed over so close to death. After he died my mum contacted me to say he’d left me some money but it never materialised. Without a will I don’t think there’s anything I can do and I doubt I’m in her will, if she has one. Anyway, I’m glad I understand now.

Most people move assets around to save on Inheritance Tax. They can do what they want with an asset regarding their estate at any time. There are rules about giving your estate away before you die to save IHT - the 7 year rule. If he had a will it’s usual to leave your house to your wife anyway to maximise your IHT allowance and usually it’s in joint ownership anyway. It just seems he didn’t do things in a standard way.

Unfortunately people don’t always know what the will position is. Obviously incorrect in this case if there wasn’t one.