Page 4 | Death, no will. Who gets what?

JanetJanets · 2023-07-31T11:33:51+00:00

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?

L0bstersLass · 31/07/2023 17:40

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 it all goes to the surviving spouse.

The value of the property belonging to the surviving spouse that the decesed was living in is irrelevant.

Original poster

JanetJanets · 31/07/2023 17:52

Thank you to everyone who has commented.

The main concern of the surviving spouse is that they won’t need to sell their property in order to fulfil inheritance obligations.

OP posts:

saraclara · 31/07/2023 18:31

JanetJanets · 31/07/2023 17:52

Thank you to everyone who has commented.

The main concern of the surviving spouse is that they won’t need to sell their property in order to fulfil inheritance obligations.

She can absolutely relax on that point. It's her home, in her name, it always has been, and no-one else has any claim on it. If anyone thinks they have, she can be entirely confident in telling them to bog off.

Original poster

JanetJanets · 31/07/2023 18:54

@saraclara

Thank you. Your comment hit home..

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?

OP posts:

TakenRoot · 31/07/2023 19:09

I wish men would look after the interests of their children when they enter into a second marriage.

Which they can do without making the surviving spouse homeless (if ownership is shared).

OP: I hope your relative makes a deed of variation leaving the share in the rental house to the deceased’s Dc.

toomuchlaundry · 31/07/2023 19:10

Are the children adults, did they live in the house?

I know my MIL when she remarried changed her will so second husband had life interest in her house so wouldn’t be homeless if she died (he had no assets when they married). It would then revert to DH and his siblings. However, second husband died first so clause in will not needed

SueVineer · 31/07/2023 22:00

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

This is incorrect.

IAmKenough · 31/07/2023 23:35

TakenRoot · 31/07/2023 19:09

I wish men would look after the interests of their children when they enter into a second marriage.

Which they can do without making the surviving spouse homeless (if ownership is shared).

OP: I hope your relative makes a deed of variation leaving the share in the rental house to the deceased’s Dc.

Agree entirely though not just men... anyone who remarries needs to look after their own children and not rely on the surviving spouse.

In this case it sounds fair that the rental house goes to the deceased's children.

WannaBeRecluse · 31/07/2023 23:46

IANAL and anyone who needs legal advice needs to consult one to get real advice. That said, my understand is that if I die, everything goes to my spouse and vice versa. We don't have any potential legal complications like second marriages and step children, but I believe there is a line of legal next of kin followed. Once I've inherited, the property is then mine to do with in my own will, whatever I want. If my deceased spouse had contributed to the house I think it would be right to consider step children too. If he hasn't, maybe it's been a short relationship, and the assets are really mine, then I wouldn't feel that duty.

This is one reason I would never remarry if I were widowed and inherited. I want to protect it all for my children.

OnGoldenPond · 01/08/2023 01:44

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

No this is not true. The property does not become jointly owned just because a couple are married. A joint tenancy needs to exist with both spouses named as joint tenants on the deeds.

If surviving spouse is not on the deeds the property becomes part of the estate and is distributed according to the intestacy rules. The surviving spouse will get whatever share of the property the rules dictate.

If the spouses hold the property as tenants in common, the surviving spouse's share goes straight to them and the deceased spouse's share is distributed according to the intestacy rules.

prh47bridge · 01/08/2023 07:53

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

I've seen this myth several times on Mumsnet recently. It is wrong. A property does not automatically become jointly owned just because a couple are married.

If a couple divorce, the property will go into the pot to be divided between them, but that doesn't mean it is jointly owned.

If the spouse that doesn't own the property dies, the property is not part of their estate. It remains fully owned by the surviving spouse.

If the spouse that owns the property dies, the entire property goes into their estate. What happens to it is governed by their will or the rules of intestacy if there is no will. However, the surviving spouse may have an Inheritance Act claim if the property is left to someone else and the will does not make adequate provision for them. The general rule with Inheritance Act claims is that the surviving spouse will get at least as much as they would have received if the marriage had ended in divorce.

If the property is jointly owned, what happens depends on how it is owned. If they are joint tenants, the surviving spouse will own the property outright and it will not form part of the deceased's estate. If the property is owned as tenants in common, the deceased spouse's share will be part of their estate and will be dealt with according to their will or the rules of intestacy.