Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

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.

Death, no will. Who gets what?

86 replies

JanetJanets · 31/07/2023 12:33

Hi, advice gratefully received.

Scenario: married couple, one person dies intestate.
Property (main home) is solely in name of surviving spouse.
Surviving spouse has two children, both named as beneficiaries in Will.
Property (rented for income) is co-owned, 50% by deceased, 25% + 25% by two non-family members.
Deceased leaves small amount of cash + shares.
Deceased has two children, three stepchildren.
Where does the surviving spouse stand as far as inheritance is concerned?

OP posts:
OhComeOnFFS · 31/07/2023 12:36

What's the total value?

Tatzelwyrm · 31/07/2023 12:36

Married partners and civil partners

Married partners or civil partners inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. So if you are divorced or if your civil partnership has been legally ended, you can’t inherit under the rules of intestacy.

Partners who separated informally can still inherit under the rules of intestacy. Cohabiting partners (sometimes wrongly called 'common-law' partners) who were neither married nor in a civil partnership can't inherit under the rules of intestacy.

If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £322,000, the partner will inherit:

all the personal property and belongings of the person who has died, and

the first £322,000 of the estate, and

half of the remaining estate.

Example

Susan was in a civil partnership with Fang and they adopted a daughter called Jia. Susan died without leaving a will. Her estate is worth £450,000. After Fang inherits her share of £322,000, the estate that is left is worth £128,000. Fang can have half of this - £64,000.

If there are no surviving children, grandchildren or great-grandchildren, the partner will inherit:

all the personal property and belongings of the person who has died and

the whole of the estate with interest from the date of death.

Jointly-owned property

Couples may jointly own their home. There are two different ways of jointly owning a home. These are beneficial joint tenancies and tenancies in common.

If the partners were beneficial joint tenants at the time of the death, when the first partner dies, the surviving partner will automatically inherit the other partner's share of the property. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.

For more information about beneficial joint tenancies and tenancies in common, see Buying with someone else in Buying a home.

Couples may also have joint bank or building society accounts. If one dies, the other partner will automatically inherit the whole of the money.

Property and money that the surviving partner inherits does not count as part of the estate of the person who has died when it is being valued for the intestacy rules.

Example

Tom and Heather are married and own their flat jointly as beneficial joint tenants. They have a child called Selma. Tom dies intestate leaving the jointly-owned flat worth £300,000, and £50,000 in shares in his own name. The flat goes automatically to Heather. This leaves an estate of £50,000 which also goes to Heather, as it is worth less than £322,000. Selma inherits nothing.

If Tom had owned the flat in his name alone, his estate would have been worth £350,000. It would be shared out according to the rules of intestacy, that is, Heather would get the first £322,000. This leaves an estate of £28,000. Heather would get £14,000 and Selma would get the remaining £14,000.

Close relatives
Children

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Who can inherit if there is no will – the rules of intestacy

Information on who can and cannot inherit if someone dies without making a will. Covers married couples, civil partners, children and other relatives.

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy#:~:text=If%20there%20are%20no%20surviving,from%20the%20date%20of%20death.

Tatzelwyrm · 31/07/2023 12:37

And of course - where are you?

Miekle · 31/07/2023 12:41

What country is pretty vital info here!

JanetJanets · 31/07/2023 12:44

Both lived in UK

OP posts:
Bromptotoo · 31/07/2023 12:47

Where in UK?

It can make a difference.

JanetJanets · 31/07/2023 12:48

They were residing together in England.

OP posts:
arethereanyleftatall · 31/07/2023 12:49

Can I just say, @Tatzelwyrm, that is incredibly kind of you to have typed all that out simply to help out someone. I always think that on threads like this. Such kindness makes my day!

Tatzelwyrm · 31/07/2023 12:51

arethereanyleftatall · 31/07/2023 12:49

Can I just say, @Tatzelwyrm, that is incredibly kind of you to have typed all that out simply to help out someone. I always think that on threads like this. Such kindness makes my day!

Ah thanks - I wish I could take credit,
but I only copied and pasted (ok, i did bold few bits.....) but that is very kind of you xx

Tatzelwyrm · 31/07/2023 12:52

Bromptotoo · 31/07/2023 12:47

Where in UK?

It can make a difference.

Its amazing isnt it, that UK differs, I know that Scotland is different to England on inheritance laws

ChrisPPancake · 31/07/2023 12:52

The thread title says no will, but the post says dc named as beneficiaries in the will?

JanetJanets · 31/07/2023 12:56

Thank you so much for this information 😊
Would you know whether the home in which both husband and wife were living, would be considered 50/50 ownership despite the property being in the name of the surviving spouse?

OP posts:
prh47bridge · 31/07/2023 12:57

JanetJanets · 31/07/2023 12:56

Thank you so much for this information 😊
Would you know whether the home in which both husband and wife were living, would be considered 50/50 ownership despite the property being in the name of the surviving spouse?

No, it would not.

JanetJanets · 31/07/2023 12:58

Agreed! Much appreciated!

OP posts:
goldcheese · 31/07/2023 13:03

I believe that after death the house goes to the surviving spouse whether or not both names were on the deeds. Because they are married it is automatically joint.
If for the property ownership they were joint owners but we're tenants in common (rather than joint tenants) and a will had been drawn up leaving the deceased parties share to someone else, that could be different but I think the surviving spouse could - in theory - still contest that. However the courts would give due attention to the will.
However as there is no will and the parties were married it automatically passes to the spouse

goldcheese · 31/07/2023 13:04

(Were, not we're)

Bromptotoo · 31/07/2023 13:06

ChrisPPancake · 31/07/2023 12:52

The thread title says no will, but the post says dc named as beneficiaries in the will?

I was puzzled by that too.

I think what's meant is that the decd left no will.

His spouse has a will that benefits her children.

If that's wrong no doubt @JanetJanets will shout.

JanetJanets · 31/07/2023 13:11

The deceased didn’t leave a Will. Deceased has two children, not related to surviving spouse.

The surviving spouse has willed everything to her own children.

OP posts:
saraclara · 31/07/2023 13:12

Property (rented for income) is co-owned, 50% by deceased, 25% + 25% by two non-family members.

Are/were the the tenants in common, or joint tenants? If the latter, the other two owners automatically own the deceased's share, and become 50:50 owners of the property. If the former, the deceased's share becomes part of the estate.

Tatzelwyrm · 31/07/2023 13:17

JanetJanets · 31/07/2023 13:11

The deceased didn’t leave a Will. Deceased has two children, not related to surviving spouse.

The surviving spouse has willed everything to her own children.

I dont think that's relevant (surviving spouse will)

JanetJanets · 31/07/2023 13:21

So, would the deceased’s children have any claim to any of the estate?

Additionally, would the deceased’s 50% share of the rental property automatically go to the surviving spouse?

OP posts:
OhComeOnFFS · 31/07/2023 13:28

The living partner's will isn't relevant at all.

You need to calculate how much money is involved, OP. If it goes over a certain amount then all of the dead person's children have a share, along with the partner. Obviously the living partner's house isn't taken into account there.

JanetJanets · 31/07/2023 13:35

Thank you, very useful.

OP posts:
Lougle · 31/07/2023 13:37

Are you the deceased's child? If so, I'm very sorry that you're dealing with this.

Swipe left for the next trending thread