Unmarried but no will...

Nemo

Just chatting at work today and the subject of wills came up. One of the girls is in a long-term relationship, but unmarried. They have a 16-year old child.

I asked if they had a will, but she said she couldn't see the point. I told her that my understanding was that if she died, then her son would inherit everything, but she said that the house and bank accounts are in joint names so it made no difference.

If she died, would the partner keep all of the property and money because of them being in joint names, or would the son get her half? In which case could the son theoretically force his father (her partner) to sell up and give him half?

Anything else to be aware of?

Thanks.

caeler

I'd assume her share would pass to her next of kin which might not be the son, but son I assume would have a claim as he's still a dependant. If the house is in joint names and if they are tenants in common then her share of the property would pass to her son which the partner may not appreciate. A will is a very sensible thing for unmarried couples, even married couples. The most simply situations can be the most complex!!

daska

Yes, possibly, as caeler has said. If they're joint tenants then the house should automatically pass to the partner but if they're tenants in common it could be the son or someone else - if the son pre-deceases her or they're both killed in a car crash it could go to her parents or siblings, grandparents, cousins etc. or if none of the long list it would revert to the crown. In practice the partner could end up having to give half his house to the taxman. (That's assuming they're in England. If they're in Scotland or abroad there are different terms and legal devices used and different intestacy laws that control who can inherit.)
More on joint tenants and tenants in common here: http://www.firstrungnow.com/joint-ownership/joint-tenancy-tenants-in-common.aspx
More on intestacy rules here:http://www.inheritancedisputes.co.uk/intestacy.php