Unmarried with children - no will

jenijen27

Hi
I wonder if anybody could advise on what would happen in the event of death in this situation.
A couple, unmarried with young children. Been together for 9 years. Neither have a will. The man owns the house (mortgaged) in his sole name. She doesn't own any property. All bills etc are in his sole name and no bank accounts etc are joint) All 4 parents are still alive.
I know we really need to get plans put in place but I'd like to know what would happen in the meantime.
Thanks very much for your time.

margaretclare

Are you thinking of in case he died, or in case she died?

In the case of his death, it looks as if she'd be in a fairly parlous position. She's not married to him nor related to him - unless he's nominated her as his next of kin, she's nobody. The house in his sole name - she wouldn't have any right to live there. She wouldn't have access to any of his money. They're his kids, but there seems to be no arrangement for their continued support if he died. Under the intestacy rules it seems likely that his parents would inherit from him and she would be by-passed.

Keep_pedalling

The children would inherit everything, which as they are minors would cause major financial problems for their mother.

He needs to sort his will without delay, and make sure he has sufficient insurance to cover the mortgage. He should also put a lasting power of attorney in place in case accident or illness cause him to lose the ability to manage the finances, which would again leave her in a very difficult situation.

Not to do any of those things would be totally irresponsible.

Yorkshireman99

margaretclare wrote: »

Are you thinking of in case he died, or in case she died?

In the case of his death, it looks as if she'd be in a fairly parlous position. She's not married to him nor related to him - unless he's nominated her as his next of kin, she's nobody. The house in his sole name - she wouldn't have any right to live there. She wouldn't have access to any of his money. They're his kids, but there seems to be no arrangement for their continued support if he died. Under the intestacy rules it seems likely that his parents would inherit from him and she would be by-passed.

The children would inherit NOT the parents. The funds would be held in trust until they are 18. The OP and her partner need to make wills as a matter of urgency. Putting the accounts in joint names should be considered.

Red-Squirrel_2

Getting married is a good idea too.

jenijen27

Thank you everybody.

Does it mean that the house itself is held in trust or that the house would be sold and the money held in trust?
There isn't an insurance policy to pay off the mortgage in the event of death, but there will be a lump sum paid from a pension scheme which would cover it.

Yorkshireman99

jenijen27 wrote: »

Thank you everybody.

Does it mean that the house itself is held in trust or that the house would be sold and the money held in trust?
There isn't an insurance policy to pay off the mortgage in the event of death, but there will be a lump sum paid from a pension scheme which would cover it.

Either could happen. Who does the pension lump sum get paid to? It will not necessarly be the children.

jenijen27

Yorkshireman99 wrote: »

Either could happen. Who does the pension lump sum get paid to? It will not necessarly be the children.

Thanks - it gets paid to me

zagfles

Red-Squirrel wrote: »

Getting married is a good idea too.

Yes getting married would simplify things immensely - even with a will, probate is much harder with unmarried couples.

Mojisola

zagfles wrote: »

Yes getting married would simplify things immensely - even with a will, probate is much harder with unmarried couples.

In what way?

securityguy

Get marrried. The arguments against are nonsense: don't have a wedding, if you don't want to, just turn up at a register office and get it done. It's cheaper, easier, faster and more effective than any amount of messing about trying to replicate its provisions. Having children outside marriage is, if one of you dies, a nightmare. Dealing with one of you being seriously ill is not much easier. You don't have to tell anyone, change your name, get a new passport, anything: just do it. Don't let your angst about weddings stop you from protecting your children with the most effective legal mechanism available.