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What if There is No Will?

By: Abigail Taylor - Updated: 21 Feb 2018 | comments*Discuss
 
Will No Will Intestacy Probate

When someone dies, those left have to deal with the issue of what to do with their property and belongings. If there is no Will (i.e the estate is intestate), there is legislation that helps with the process of dividing any assets.

Here are the basic steps to follow:

  1. Check that there is definitely no Will to be found
  2. Apply for a Grant of Representation (often called "probate")
  3. Pay any inheritance tax due
  4. Collect together any assets
  5. Pay any debts owed by the deceased
  6. Distribute the estate

How to Find Out if There is a Will?

It can be difficult to establish after their death if someone made a Will. It is therefore recommended that if you have made a Will, you tell your family that you have made one, and where it is held.

If you don't know the location of a deceased's Will, it is important to carry out a thorough search. Below are some ideas of where to look:

  • Check through the deceased's documents - most people have a file of important documents (birth certificates / insurance etc) somewhere, so it may be with those
  • Check in the deceased's safe
  • If they had a lawyer that they used for other matters (e.g divorce or property sale) check if they hold a Will for the deceased
  • Try calling local solicitor's to see if they hold a copy Will for the deceased

Note: Sometimes people make more than one Will, as they update or change how they wish their assets to be divided. If you find more than one Will, make sure that you use the most recently dated version, as older versions will no longer be valid.

Intestacy Laws

If there is no Will, then the distribution of the estate will be governed (in England and Wales) by the Administration of Estate Act 1925. These are commonly known as the laws of intestacy, someone who dies without a Will is legally called 'intestate'.

Obtaining probate

Regardless of whether there is a Will or not, you will need to apply for a Grant of Representation (commonly called 'probate'). If there is no Will, the deceased's next of kin can apply for probate (for example their spouse, civil partner, or child). It is possible to apply for probate as the spouse or civil partner of the deceased, even if you are separated, as long as you are not divorced.

Note: Unmarried partners cannot automatically apply for probate, (nor will they inherit your assets under the law of intestacy), so if you have a long-term partner but are not married, it is especially important that you make a will.

If all assets were jointly held, technically you do not require probate to distribute them. However many organisations such as banks will still ask for a copy, so it may be worth doing anyway!

See our guide here for more information on Probate

Applying for probate

Here's how to apply:
  1. Complete a probate application form (PA1). If you need help completing the form, call HMRC on 0300 123 1072
  2. Complete an inheritance tax form. (You must complete this form, even if you think no tax is owed.)
  3. Send both forms along with the death certificate, the original will and three copies (if a will exists), and a £125 application fee. (There is no fee is the total estate is worth under £5,000)
  4. Swear an oath at the office of a Commissioner for Oaths (eg a solicitor's office), or the local probate office
You should get the probate certificate through in the post within 10 working days of swearing your oath.

How Stop Someone Getting Probate

You can stop someone getting probate by entering a caveat, as long as you are aged 18 or over. This caveat lasts 6 months to enable any dispute to be resolved. To enter a caveat, fill in form PA8 and send a £20 fee. (We recommend consulting a solicitor or your local Citizen's Advice Bureau if entering a caveat, as usually they precede a heated dispute between relatives.)

Find Out How an Estate Was Distributed

You can search probate records online for anyone who died after 1858. This should tell you who obtained probate to distribute the estate. There is a £10 fee per search. It takes around 14 days for the online record to update with details of new registrations.

Paying Inheritance Tax

You will have sent an Inheritance Tax Form to HMRC when obtaining probate, so they will let you know how much inheritance tax must be paid out of the deceased's assets. Just follow the instructions on the paperwork sent to you, and if you have any queries, contact HMRC who are usually very good at talking relatives through the process.

We have more information on inheritance tax here

Collect the Deceased's Assets

If you send the probate certificate to organisations holding the deceased's assets (e.g banks), they should release these to you. You may also need to sell the deceased's property in order to release funds; any fees involved in the sale can be deducted from the sale profits.

To speed up the asset release process, you may wish to obtain several copies of the probate certificate. These cost only around 50p per copy.

Paying off debts

Before distributing the estate, the executor has a duty to pay off any debts owed by the deceased. This includes any outstanding tax owed to HMRC. Also don't forget that if the deceased didn't have a funeral plan in place, you will need to deduct the funeral costs from the value of the estate; funeral costs can be several thousand pounds!

If you are the executor, place a notice in The Gazette to give any creditors a chance to come forwards before the estate is distributed. That will ensure that you hold no personal liability for any of the deceased's debts of which you may not have been aware.
See our article on Debts After Death for more information

Distribute the Estate

Jointly held assets:

  • Any money in a joint bank account will automatically pass to the other owner(s)
  • Any property owned under a "joint tenancy" (where all parties own the whole property jointly), will automatically pass to the surviving owner(s)
  • Any property owned under a "tenancy in common" (where each party owns a fixed share of the property), the deceased's share will pass according to their will or the law of intestacy

Assets not held jointly

If there is no will, you will need to distribute the estate in accordance with the law of intestacy:

Intestacy Law - Who Gets What If There's No Will?

If the estate is worth under £250,000, and the deceased has a spouse or civil partner, they will inherit the whole estate.

If the estate is worth over £250,000 the estate is divided as follows:

(1) Spouse or Civil Partner Still Alive

If the estate is worth over £250,000, and the deceased has a spouse or civil partner, they will inherit £250,000 value from the estate plus all personal possessions (regardless of value). The remainder of the estate (over £250,000 value) will then be split as 50% to the spouse or civil partner, and 50% divided between the surviving children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place. If there are no children, the spouse or civil partner will inherit the whole estate.

(2) No Spouse or Civil Partner

If the deceased has no spouse or civil partner, the estate will be divided equally between their children. This includes adopted children but not step-children. If the children have died already, then their children will inherit in their place.

(3) No Spouse or Civil Partner and No Children/Grandchildren

If the deceased has no spouse or civil partner, and no children or grand-children, the estate will be divided equally between their parents. If the deceased has no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died).

(4) No Spouse, Children, Parents or Siblings

If the deceased has no spouse/civil partner, no children/grandchildren, no parents and siblings, the estate will be divided equally between their half brothers and sisters. If there are no half siblings, the estate will be divided equally between their grandparents. If there are no living grandparents, the estate goes to aunts and uncles (half aunts and uncles if there are no full ones) or to their children (the deceased's cousins) if they have already died.

(5) None of the Above Relatives

If the deceased has no living: spouse; civil partner; children; grandchildren; parents; brothers or sisters; half brothers and sisters; grandparents; aunts and uncles or half aunts and uncles; nephew/nieces or cousins, the estate will all pass to the Crown.

Example Scenarios

Q] Joe has died with no will. He has a wife, a son and two step-daughters. His estate is worth £350,000. Who inherits?

A] Joe's wife would receive £250,000 of the estate, plus any personal possessions (regardless of value). The remaining £100,000 of the estate would be divided equally between his wife and his son. Step-children are not recognised by the law of intestacy. His wife would therefore receive a total of £300,000 plus personal possessions, his son would receive £50,000 and his step-daughters would receive nothing.

Q] Beth has died without a will. She has no husband or civil partner, no children or grandchildren, and no parents or grandparents. Her only surviving family are the boyfriend she lives with, and her aunt who she hasn't spoken to since she was a child. Who inherits?

A] Her aunt would inherit the entire estate. The law of intestacy doesn't recognise unmarried partners. Her aunt is a recognised relative and so will inherit the estate, regardless of whether they are estranged.

As you can see from the above, it is extremely important to make a will if you have step-children or an unmarried partner that you would want to inherit from you. If you don't have a will, they won't get anything unless assets are jointly held!

Some of Your Questions Answered

"My wife's mother left her and her sister the house. The Will states that her unmarried partner is allowed to live in the house until he dies. Can they get him out as they would like to sell the house?"

The unmarried partner has been given a life tenancy in the property. That gives him the right to remain in the property until his death. He will be responsible for all insurance and maintenance costs. You can't legally throw him out, so your choices are either to sell the estate subject to a life tenant (not usually very desirable to a buyer), or speak to him about him forfeiting his life tenancy (likely by you "buying him out").

"My great aunt passed away hasn't left a Will, my mother is her niece. She left invested money of over £30,000, plus valuable items. Suddenly her nephew wants to take over and already taken jewellery, ornaments and has demanded that anything we took from the house for safe keeping be returned or he's phoning the police. We found out that when my aunt was alive his wife took her wedding/engagement rings...she was suffering from Alzheimer's. The nephew has walked away from the house (rented) leaving a neighbour to clear as it has to be empty in 2 weeks. What can we do to ensure nothing gets sold without our say, so that we can things of sentimental value in the family?"

Has the nephew applied for probate? If not, then it may be worth you doing so. If he does not have probate, then he is not entitled to divide up the estate.

In any event, the estate must be divided up according to the rules of intestacy. Follow through the steps above to see who would inherit - this will depend upon what other surviving relatives are in your family. If your great-aunt has no spouse / civil partner, no children / grandchildren / great-grandchildren, and no parents, then the estate should be divided up equally amongst their sisters and brothers. If they are no longer alive, their children (ie her nieces and nephews) will inherit in their place. If there was no will and the nephew (your uncle) is legitimately inheriting from the estate, I would expect that your mother should do so too.

"My dad was diagnosed with dementia 18 months ago. My sister who'd previously had no contact for years, obtained POA (knowing he's worth over 500.000). She put him in a nursing home and fixed up the house then moved in with her daughter. My sister and I are the only next of kin, he passed away 4 months ago with no Will. Should I have inherited any of his estate? What can I do at this stage?"

Firstly, I would question whether any Power of Attorney was valid. It seems strange that your father would agree for an estranged daughter to make all decisions (including financial decisions) on his behalf. If your father had already been diagnosed with dementia prior to signing the Power of Attorney, he may have lacked mental capacity making it invalid.

Secondly, if your father had no will, his estate would pass to his family in accordance with the laws of intestacy. Check whether your sister obtained probate. If not, she does not have authority to distribute the estate. If your father had no surviving spouse or civil partner, then the estate should have been divided equally between all his children. If there are just two children (you and your sister), then you should have received 50% of the value of the estate, including the property value. (This does not necessarily mean that your sister has to sell the property, but she should give you 50% of the value to essentially "buy out" your share.)

"Hi my father has died , with no will , we think. My eldest brother has dealt with everything he has divided all the money between us all , but it doesn't add up. My dad was mentally fine not confused and he told us what he had , is there anyway we can find out without asking my brother as I am sure there was quite a bit more money than he has said and my father had paid for his own funeral?"

Again, check whether your brother had obtained probate. If not, he had no authority to divide up the estate. If you don't want to ask him, you can search for probate records online, for a £10 fee.

If your brother did have probate, it will be difficult at this stage to determine the value of the estate (ie how much was in your dad's accounts), as they will now be £0 / closed. You may therefore have to ask your brother directly.

Remember that any debts, including outstanding tax and solicitor's fees will need to be paid out of the estate prior to distribution. Also inheritance tax may have been paid. These could all reduce the value of the remaining estate to be divided up.

Seeking advice

Dealing with the distribution of assets follow the death of a family member is always tricky, and can particularly bitter and emotional if a dispute arises. If you disagree with the way the estate has been distributed, speak to Citizens Advice Bureau for free advice and (though it may be difficult), try to approach the matter in a calm manner. Sometimes it can also be helpful to ask a trusted family friend or other relative to "mediate" any dispute to try to reduce any heated arguments and ensure a satisfactory resolution for everyone involved.

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Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
My brother has died interstate, it was unexpected. His legal heir is his only daughter who along with her mother pushed him out the family home. He lived with us on and off and had lots of money from my mother for rent and debts. Is there any way i can get some of that money back. It mounted to £10,000. As he was ill it was me that cared for the last years and it seems so unfair that his daughter who wanted nothing to do with him should inherit. He told the GP that i was next of kin. Also it was me who arranged the funeral and cleaned out his flat.
Chris - 21-Feb-18 @ 2:24 PM
Bradders - Your Question:
My mum has passed, there are 3 children, no will. We are unable to get hold of my older brother. Last known he was living rough in London and using various substances and suffering with severe mental health issues.Our mum has very little to leave but how do we include my brother when we have no contact for him? Where do we stand? Also concerned that even a couple of hundred pounds inheritence could potentially kill him.

Our Response:
Can you get your brother's part of the inheritance put aside for the future in case he is found? It might be worth seeking advice from a solicitor...adverts could be placed in various publications to see if he can be traced. It's unreasonable not to try and trace him merely because you're concerned about the effect the inheritance may have on him.
FacingBereavement - 19-Feb-18 @ 3:44 PM
My mum has passed, there are 3 children, no will.We are unable to get hold of my older brother.Last known he was living rough in London and using various substances and suffering with severe mental health issues. Our mum has very little to leave but how do we include my brother when we have no contact for him?Where do we stand? Also concerned that even a couple of hundred pounds inheritence could potentially kill him.
Bradders - 17-Feb-18 @ 4:11 PM
Liz - Your Question:
My husband was one of 3 brothers.My husband died 8 years ago and one of his surviving brothers has recently died leaving no wil , not married and no children.Is the brother who is still alive entitled to all assets or must it be shared between him and my daughter, their niece.

Our Response:
As the article above says:
If the deceased has no spouse or civil partner, and no children or grand-children, the estate will be divided equally between their parents. If the deceased has no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died).
FacingBereavement - 14-Feb-18 @ 12:41 PM
Fliss - Your Question:
My sons father died many years ago. He had a half sister (same mum different dad). This making her my sons aunt. She is now a widow. Her and her late husband never had any children. So the only blood relative she has is my son, her nephew. But there is a surviving brother in law. If she dies whilst my son and her brother in law are alive, and hasn't made a will, who inherits her estate, which roughly would be about £200.000. Also out of curiosity, is there such a term as half nephew and is that what my son would be classed as. I have never heard the term before.

Our Response:
You'd have to check with a legal professional but we think that if there are no other blood relatives an estate can pass to the children of a half blood sibling.
FacingBereavement - 14-Feb-18 @ 10:33 AM
My husband was one of 3 brothers.My husband died 8 years ago and one of his surviving brothers has recently died leaving no wil , not married and no children..Is the brother who is still alive entitled to all assets or must it be shared between him and my daughter, their niece.
Liz - 13-Feb-18 @ 2:54 PM
My sons father died many years ago. He had a half sister (same mum different dad). This making her my sons aunt. She is now a widow. Her and her late husband never had any children. So the only blood relative she has is my son, her nephew. But there is a surviving brother in law. If she dies whilst my son and her brother in law are alive, and hasn't made a will, who inherits her estate, which roughly would be about £200.000. Also out of curiosity, is there such a term as half nephew and is that what my son would be classed as. I have never heard the term before.
Fliss - 13-Feb-18 @ 9:24 AM
My mum died a few years ago she had a1 insurance policy’s which we never saw she said the house was left to me and my brother now my step dad has died we can’t find the will or insurance policy’s we think the step dad sister has them but she said she hasn’t what do we do next the will has been seen before and it was a joint will now there are both dead what happens
Tracey - 7-Feb-18 @ 7:39 PM
dannyboy1881 - Your Question:
My grandmother passed leaving me a small amount of money I recently found out she had 3 life insurance policies and my aunt who knew took all the documents after her death giving us all a small about added up to just over 5000 between 5 of us now 6 months later she buys a new house and her son a new car,i just found out today that my gran had these life insurance policies and the money that was paid to us was by cheque from my aunt account she said she was instructed to give us this not mentioning the life insurance which at least one policy was 50 000 pounds what can I do im not concerned about the money at this point I just wanna know what happened for the sake of closure and that my grans last wishes were what they were.

Our Response:
How do you know your aunt was not the beneficiary on the life insurance policies?
FacingBereavement - 2-Feb-18 @ 2:43 PM
Getting it right - Your Question:
My Aunt died without leaving a will. She never married and did not have any children. Her parents and siblings died before her. Her sister had five children and her brother had three children, all of whom are still alive. I have applied to administer her estate and have registered her death, arranged the funeral and contacted the various banks etc. My view is that the estate is split eight ways - with my cousins and my siblings. I have been advised this is not correct and that the estate should be split 2 ways - her deceased siblings each getting 50%. The 50% would then be divided between the number of children each of her siblings had. One sibling had three children and the other five. The advice I've been given is that for the three children they would receive 1/6th of the estate each and for the five children they would receive 1/10th of the estate.

Our Response:
The advice you've been given is correct. As the above article states: "If there is no Will and the deceased has no spouse or civil partner, and no children or grand-children, the estate will be divided equally between their parents. If the deceased has no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died)."
So your aunt's two siblings would get equal shares...50% each. As both siblings have died their share is divided equally between the children. So....if one sibling had three children, those children get 50% of the estate (i.e shared three ways). The other sibling had five children so theirs is the other half of the estate shared five ways.
FacingBereavement - 2-Feb-18 @ 11:38 AM
my grandmother passed leaving me a small amount of money i recently found out she had 3 life insurance policies and my aunt who knew took all the documents after her death giving us all a small about added up to just over 5000 between 5 of us now 6 months later she buys a new house and her son a new car, i just found out today that my gran had these life insurance policies and the money that was paid to us was by cheque from my aunt account she said she was instructed to give us this not mentioning the life insurance which at least one policy was 50 000 pounds what can i do im not concerned about the money at this point i just wanna know what happened for the sake of closure and that my grans last wishes were what they were.
dannyboy1881 - 31-Jan-18 @ 11:30 PM
My Aunt died without leaving a will. She never married and did not have any children. Her parents and siblings died before her. Her sister had five children and her brother had three children, all of whom are still alive. I have applied to administer her estate and have registered her death, arranged the funeral and contacted the various banks etc. My view is that the estate is split eight ways - with my cousins and my siblings. I have been advised this is not correct and that the estate should be split 2 ways - her deceased siblings each getting 50%. The 50% would then be divided between the number of children each of her siblings had. One sibling had three children and the other five. The advice I've been given is that for the three children they would receive 1/6th of the estate each and for the five children they would receive 1/10th of the estate.
Getting it right - 31-Jan-18 @ 5:24 PM
My grandfathers second wife died intestate, she never had childrenmy mother was only child of grandfather. My sister and I are only living relatives to my grandfather. Can my sister and I claim on granddad second wife’s estate?
Jools - 25-Jan-18 @ 11:27 PM
Allen - Your Question:
My aunt died a spinster (never married, no children, no surviving parents). She has one surviving brother,her other brothers and sisters have died. Her estate is about 100k. Does the surviving brother get everything or is the estate shared equally between the surviving brother and the nieces and nephews of the other brothers and sisters?I can’t seem to find a definitive answer. Any help much appreciated

Our Response:
You're second suggestion is correct. See point 3 in the above article "If the deceased has no spouse or civil partner, and no children or grand-children, the estate will be divided equally between their parents. If the deceased has no living parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died)."
FacingBereavement - 24-Jan-18 @ 11:37 AM
My aunt died a spinster (never married, no children, no surviving parents). She has one surviving brother,her other brothers and sisters have died. Her estate is about 100k. Does the surviving brother get everything or is the estate shared equally between the surviving brother and the nieces and nephews of the other brothers and sisters? I can’t seem to find a definitive answer. Any help much appreciated
Allen - 23-Jan-18 @ 10:35 AM
My mum recently passed away intestate. She lived in council sheltered housing where she received rent rebate & council tax benefits. In the building Society she had just over 11,000 pounds that I was unaware of apparently it was an insurance that my late stepfather had paid in. I went to a commissioner of oaths to sign a form for the money to be released. I have paid for the wake out of my money & there are bills to be paid ie rent, council tax, care fees & remainder if funeral costs probably amounting to £1,000 pounds or more. Do I need to pay for probate? Am I entitled to distribute the remaining money between my four siblings& myself when all debts are paid?
Jools - 18-Jan-18 @ 7:25 PM
Taraweeh - Your Question:
Father passed away two years ago leaving no will. My mother passed away three months ago not having signed a will. My brother took out Grant of Representation and has started to transfer money from our father and mothers accounts and shares into his account and name. He has also applied to get the deeds from the bank of their freehold property. Can he just change the name of the deeds into his without my sister or my consent? Should I be making myself known as having an interest to and being an equal inheritor under the rules of intestacy to any governing body? Feel helpless, as to whether to confront him or get s solicitor involved. Any advice appreciated.

Our Response:
Speak to your brother first, ask if you can be added as a signatory on the accounts etc. This will establish whether he's simply doing what he thinks best in order to settle the estate, divide the assets etc. If you're unsure, speak to a solicitor.
FacingBereavement - 17-Jan-18 @ 12:52 PM
Halstar - Your Question:
My father died 16months ago. He and my mother divorced 30yrs ago and he remarried and had 2 children. My brother and I were his first children but were kept out of his new life. The last few years before his death we reconnected. I don’t know if he left a will, but I do know his and his wife’s estate is of considerable value. His wife told me at his funeral that she was going to sell the family home and split the proceeds with her children. Do my brother and I have a claim on the estate?

Our Response:
If he left a Will then unfortunately you may have to accept the terms of the Will. If there is no Will and the estate is worth over £250,000, your father's wife will inherit £250,000 value from the estate plus all personal possessions (regardless of value). Note if the property was owned as joint tenants it will not have formed part of your father's estate and would automatically go to his wife.The remainder of the estate (over £250,000 value) will then be split as 50% to the mother and 50% divided between the surviving children (which we imagine will include you as a the biological children)
FacingBereavement - 17-Jan-18 @ 12:31 PM
Father passed away two years ago leaving no will. My mother passed away three months ago not having signed a will. My brother took out Grant of Representation and has started to transfer money from our father and mothers accounts and shares into his account and name. He has also applied to get the deeds from the bank of their freehold property. Can he just change the name of the deeds into his without my sister or my consent? Should I be making myself known as having an interest to and being an equal inheritor under the rules of intestacy to any governing body? Feel helpless, as to whether to confront him or get s solicitor involved. Any advice appreciated.
Taraweeh - 15-Jan-18 @ 6:44 AM
My father died 16months ago. He and my mother divorced 30yrs ago and he remarried and had 2 children. My brother and I were his first children but were kept out of his new life. The last few years before his death we reconnected. I don’t know if he left a will, but I do know his and his wife’s estate is of considerable value. His wife told me at his funeral that she was going to sell the family home and split the proceeds with her children. Do my brother and I have a claim on the estate?
Halstar - 15-Jan-18 @ 12:07 AM
Jes - Your Question:
My dad passed away with no will. I have conflicting views with my dads other daughter (my half sister) who is selling his property such as mobility scooter, shed, and sorting through his things and using his bank card. She refuses to equally split anything left. How do I claim my share of what he has left. She is the oldest living child.

Our Response:
If there is no Will, usually an estate will have to go throuhg probate before any assets can be divided. Seek help from a solicitor.
FacingBereavement - 10-Jan-18 @ 12:23 PM
M - Your Question:
Please help, my dad who was married to his first wife and had 4children died over 16 years ago. At the time my mom who later married had 2choldren and divorced my dad. The divorce papers were never found for his first wife who hated the ground he walked on. The question is my father was a veteran and his first wife passed away her children are trying to bury her in his veterans plot. My sister was the administrator of his estate and me nor my sister want her there can we do anything to prevent it or place it on hold? Desperate for some answers

Our Response:
Who has the title deeds to the grave? If your father's wife owns the deeds, her children can bury her there. You may need to seek professional legal advice to try and prevent this.
FacingBereavement - 10-Jan-18 @ 9:46 AM
My dad passed away with no will. I have conflicting views with my dads other daughter (my half sister) who is selling his property such as mobility scooter, shed, and sorting through his things and using his bank card. She refuses to equally split anything left. How do I claim my share of what he has left. She is the oldest living child.
Jes - 7-Jan-18 @ 8:49 PM
Please help, my dad who was married to his first wife and had 4children died over 16 years ago. At the time my mom who later married had 2choldren and divorced my dad. The divorce papers were never found for his first wife who hated the ground he walked on.The question is my father was a veteran and his first wife passed away her children are trying to bury her in his veterans plot. My sister was the administrator of his estate and me nor my sister want her there can we do anything to prevent it or place it on hold?Desperate for some answers
M - 7-Jan-18 @ 6:24 AM
My parents never left a will but they but me on the deeds of the house as I was the one who stayed and looked after them. My sisters were very annoyed about this. I haven't seen them for years. I've found out out they needn't have worried As I now gather I have no claim on the house. My health is failing and Igather I cannot release equity. Take out a mortgage or sell the place on. I am desperate to sell and if the selling pry is split,,, 3, ways I will not be able to afford another place to live.
Tiara - 4-Jan-18 @ 6:20 PM
My husband and I split but never got divorced. We have 2 children together. He had a new gf for 4 years when he died. He had no will. Estate is less than £250000. Who gets this?
Krystal - 4-Jan-18 @ 1:44 PM
Desert - Your Question:
Childrens dad just passed away they have a step mum all there dads assets are soley in his name bank accounts the house is car and caravan are all in his name none are joint with his wife were do my children stand

Our Response:
If the estate is worth more than £250,000, his wife will inherit £250,000 value from the estate plus all personal possessions (regardless of value). The remainder of the estate (over £250,000 value) will then be split as 50% to the wife and 50% divided between the surviving biological children. If there is a Will, obviously this will not apply.
FacingBereavement - 13-Dec-17 @ 3:40 PM
Monty - Your Question:
My mothers brother passed away she is the last left in that family her name is on the deeds of his house is any of his nephew or nieces entitled to any money from sale of property

Our Response:
If there is no Will and the deceased has no spouse, children, grandchildren or parents, the estate will be divided equally between their brothers and sisters (or their children if they have already died). So if your mother's name is on the deeds she will get the property and, assuming there are no other brothers or sisters she will also inherit any other possessions etc.
FacingBereavement - 13-Dec-17 @ 12:23 PM
Anonymous- Your Question:
Can you advise of a query? A 17 year old passed after a bleed to brain, what about any bank accounts/held in trust, who should benefit if there is a trust account or bank account. Father did not raise child, mother and grandparents raised child.

Our Response:
If a child dies any property or possessions will usually go to the parents unless other beneficiaries are named on trusts etc. You should check this with a solicitor.
FacingBereavement - 12-Dec-17 @ 12:45 PM
My mothers brother passed away she is the last left in that family her name is on the deeds of his house is any of his nephew or nieces entitled to any money from sale of property
Monty - 12-Dec-17 @ 1:01 AM
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