No Will ~ Confused :-/

fragglerox

Hi all, a little help please as I'm rather confused and unable to think clearly after the recent death of a sibling.
My sibling died and we have been unable to find a will so far. I have read various guides but am still unclear.
My sibling did not marry but was in a very long standing relationship. There is a joint account involved and a property that I assume is a joint tenancy.
I don't want to cause any ill feelings but equally don't want anyone to lose out. I just want to do what is fair for all.
Does the partner automatically inherit the property and joint account in this case? The only immediate relatives are siblings.
Thanks for your help.

littleredhen

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Mojisola

fragglerox wrote: »

My sibling did not marry but was in a very long standing relationship.

There is a joint account involved and a property that I assume is a joint tenancy.

Does the partner automatically inherit the property and joint account in this case?

The partner doesn't 'inherit' the house and the account because they already own them - they just become the sole owner instead of a joint owner.

Neither would form part of your sibling's estate.

geminilady

If it is a joint bank account with the partner they will get the funds

Keep_pedalling

The joint account certainly, and the house as well if, as is likely, was owned as joint tenants.

Any property he owned outright, should go to his siblings.

fragglerox

Thank you all for your replies. Can I assume that as the property and any monies in the account will go to the partner that there is no need for it to go to probate then? Or does that have to happen when there is no will?

konark

No need for probate, from what you've said there's nothing in the estate. Will or no will ,probate only happens if someone applies and nobody can force you to apply even if you are named executor. The majority of estates do not require probate..

RADDERS

You really need to check with the land registry how the property was held. If it was joint or tenants in common as the answer could change the outcome. If it was tenants in common each person owned half of the property and your siblings half would not go to their partner but to you and any other surviving siblings.
So that needs to be looked into.

Yorkshireman99

fragglerox wrote: »

Thank you all for your replies. Can I assume that as the property and any monies in the account will go to the partner that there is no need for it to go to probate then? Or does that have to happen when there is no will?

Where wills and property are concerned never, ever, assume anything. You need to make absolutely sure how the property is held. If it is held as tenants in common then half belongs to whoever inherits under the intestacy rules

fragglerox

Many thanks for your help, all is much clearer. I'll be sure to check about the property too. Thanks again.

Keep_pedalling

fragglerox wrote: »

Many thanks for your help, all is much clearer. I'll be sure to check about the property too. Thanks again.

What do you plan to do if you find out the property is actually held as tennants in common?

In that situation siblings inherit their brothers portion of the house, but speaking personally I would never want to inherit under these circumstances, and would give it up in favour of my siblings partner.