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Original poster

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:
Original poster
JanetJanets · 31/07/2023 15:49

What I find interesting, or perhaps curious, is the fact that the deceased lived in the house for many years, and yet this has no bearing on entitlement. I appreciate fully the property being in the name of the surviving spouse however don’t understand where the 50/50, what’s yours is mine, and mine is yours etc comes into the equation, or doesn’t, in this case.

OP posts:
kitchenplans · 31/07/2023 15:51

JanetJanets · 31/07/2023 15:13

As I understand, the value of the rental property and shares in the deceased’s name does not exceed £322K.
The property in which the deceased lived, which is solely in the name of the surviving spouse exceeds £700K.

In which case, the surviving spouse will inherit the entire estate, and can will it to whomever they want upon their death. The biological children of the deceased are not entitled to anything from his estate, either now or in the future.

The former marital home did not belong to the deceased before his death, and therefore does not form part of his estate. It belonged to the surviving spouse before his death and continues to belong to the surviving spouse after his death.

titchy · 31/07/2023 15:56

JanetJanets · 31/07/2023 15:49

What I find interesting, or perhaps curious, is the fact that the deceased lived in the house for many years, and yet this has no bearing on entitlement. I appreciate fully the property being in the name of the surviving spouse however don’t understand where the 50/50, what’s yours is mine, and mine is yours etc comes into the equation, or doesn’t, in this case.

That's the starting point for divorce not marriage. In a marriage, both parties are perfectly able to hold assets of differing values, and upon their death pass those assets to whoever they want, as long as dependents (if there are any) are adequately catered for.

saraclara · 31/07/2023 15:56

JanetJanets · 31/07/2023 15:49

What I find interesting, or perhaps curious, is the fact that the deceased lived in the house for many years, and yet this has no bearing on entitlement. I appreciate fully the property being in the name of the surviving spouse however don’t understand where the 50/50, what’s yours is mine, and mine is yours etc comes into the equation, or doesn’t, in this case.

What's hers was his* while he was alive. His to live in. Not his to give to children who are unrelated to her.

*I'm making an assumption here. Feel free to reverse the sexes

CastlesAndCurlews · 31/07/2023 15:57

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

saraclara · 31/07/2023 16:00

@JanetJanets I'm widowed. I have a home which I own outright, without a mortgage. If I remarry and am widowed again, do you seriously think that I'd owe that second husband's children half of this house if he died?

Original poster
JanetJanets · 31/07/2023 16:01

You’ve hit the nail on the head!

OP posts:
kitchenplans · 31/07/2023 16:03

JanetJanets · 31/07/2023 15:49

What I find interesting, or perhaps curious, is the fact that the deceased lived in the house for many years, and yet this has no bearing on entitlement. I appreciate fully the property being in the name of the surviving spouse however don’t understand where the 50/50, what’s yours is mine, and mine is yours etc comes into the equation, or doesn’t, in this case.

Very simply - it wasn't his house, he didn't own it. He didn't own it 50/50 - he didn't own it at all. It was always hers, never his. It wasn't his to give away or pass down to his children. I don't really see what's not to understand about this?

I think you are confusing divorce law with rules of intestacy maybe? Had he and his spouse got divorced, he may have had a claim on the property (and she on his investment property and any pensions he had), because the aim of these laws is to ensure that both parties in a divorce have fair shares for their future needs during their lives. But that's not the case here, and so therefore entirely irrelevant.

No one can really think that a person should lose half of their solely owned property because sadly their spouse has died, surely? How could that possibly be reasonable?

Tatzelwyrm · 31/07/2023 16:06

JanetJanets · 31/07/2023 15:49

What I find interesting, or perhaps curious, is the fact that the deceased lived in the house for many years, and yet this has no bearing on entitlement. I appreciate fully the property being in the name of the surviving spouse however don’t understand where the 50/50, what’s yours is mine, and mine is yours etc comes into the equation, or doesn’t, in this case.

Why should they have any rights to the house if they didnt own it?

Legally for all we know (dont mean to sound harsh) but they may/may not have paid and rent or upkeep, and could have easily have been living rent free for many years as a free loader/cock lodger (Obviously we have no way of knowing what the situation was, and I am not commenting on your relative as I dont know them - its just a situation it might be)

Justbetweenus · 31/07/2023 16:10

I think OP is the partner of the deceased. In which case: your house is your house and deceased partner’s children have no entitlement. 50% of rental property and other assets will pass to next of kin (not sure who that is from info given). Other 25/25% still belongs to other rental property owners (presumably the deceased person’s children).

titchy · 31/07/2023 16:13

JanetJanets · 31/07/2023 16:01

You’ve hit the nail on the head!

Who has?

Original poster
JanetJanets · 31/07/2023 16:17

@saraclara

OP posts:
ThroughGraceAlone · 31/07/2023 16:22

This reply has been withdrawn

This message has been withdrawn at the poster's request

saraclara · 31/07/2023 16:25

JanetJanets · 31/07/2023 16:17

@saraclara

With which post?! The one thinking that you're the deceased's child from the first marriage, or the one about me being a widow with my own home? (In which case are you the remaining spouse?)

Original poster
JanetJanets · 31/07/2023 16:35

@saraclara

What's hers was his* while he was alive. His to live in. Not his to give to children who are unrelated to her.

OP posts:
saraclara · 31/07/2023 16:41

JanetJanets · 31/07/2023 16:35

@saraclara

What's hers was his* while he was alive. His to live in. Not his to give to children who are unrelated to her.

Ah, got it.

Did he put anything into the house? Was it or the mortgage ever in his name, but he took it off? Or did the surviving spouse fully own it before they married?

Justbetweenus · 31/07/2023 16:44

As PP have pointed out, it’s not a divorce. None of this matters. Surviving spouse owns the house. She still owns the house.

Original poster
JanetJanets · 31/07/2023 16:48

The property has always been in the surviving spouse’s name only.

OP posts:
HJ40 · 31/07/2023 16:55

OP, IANAL, and I mean this gently, but perhaps if you could explain the point of view you are coming from and what concerns you have about it, those with expertise can explain more. The facts have been given to you, but it feels (as much as one can feel anything from written words) that you have unanswered questions?

Original poster
JanetJanets · 31/07/2023 17:05

@saraclara

The property has always been in the surviving spouse’s name only.

OP posts:
IAmKenough · 31/07/2023 17:08

Curious about your interest in the rest of the estate? Is the surviving spouse hoping to inherit the shares and rental house in full?

Original poster
JanetJanets · 31/07/2023 17:09

@HJ40

I don’t have any further questions to ask as I feel that the information I have been given covers everything I wanted to know.

The spouse/my relative is most appreciative of the comments received.

OP posts:
Original poster
JanetJanets · 31/07/2023 17:18

@IAmKenough

The surviving spouse wants to be sure of where they stand and isn’t concerned about the other shares of the rental property.

OP posts:
alexisccd · 31/07/2023 17:33

If the surviving spouse wants to be sure of their position, they should take legal advice not rely on a mumsnet board

Love A.Solicitor

hoophoophooray · 31/07/2023 17:34

As far as I can tell, as long as the 50% share of the rental property and the small amount of cash / shares does not total more than £322k, the surviving spouse inherits everything.

The house solely owned by the surviving spouse is entirely irrelevant. Sucks for the children of the deceased, but legally that is the standpoint.

I was in this situation when my Dad died - my stepmum inherited everything and me and my sisters were entitled to nothing. I am lucky in that she is a superb woman and I have been very lucky to have her in my life, therefore there are no hard feelings here, I hope she enjoys spending it. There are no step or half siblings so I assume that if anything is left when she dies, we may get something. However I am not counting on it at all. She did give us £1000 each once the estate was settled but that was her decision.

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