Lack of will relating to a house

AndNeil

Hi my dad has sadly passed away and unfortunately has not made a will. His house deeds document his wife as the occupier. I’m unsure if this gives her legal rights to the house ? And what I should do if not. Any help appreciated. Thanks 

Savvy_Sue

https://www.gov.uk/inherits-someone-dies-without-will

Brynsam

It's likely she would have signed an Occupier's Consent Form to allow your dad to get a loan against the property. 

The answer above gives you the link to see who inherits what when someone dies without a will, which (unless the estate is very large) will hopefully mean that she inherits the house anyway.

TBagpuss

If his wife is still alive then she will be entitled to a significant share of his estate .
In terms of the deeds, it depends on exactly what it says - the most likely is as Brynsam says,. that it was relevant to his getting a mortgage, in which case it doesn't give her automatic rights. It's also possible that she at some time registered her matrimonial home rights, which would appear on the deeds but gain, doesn't change the legal ownership.

Is she still alive, and are they still married? 

AndNeil

Hi all
thanks. for your help. Yes she is still alive and they are married. There is money in a private pension as well as the house. But I think there is a written direction in the pension towards dads wife but again no will. Nothing else in the deeds apart from the occupier bit. I agree I think this is about the mortgage. Thanks again. 

Dox

AndNeil said:

Hi all
thanks. for your help. Yes she is still alive and they are married. There is money in a private pension as well as the house. But I think there is a written direction in the pension towards dads wife but again no will. Nothing else in the deeds apart from the occupier bit. I agree I think this is about the mortgage. Thanks again. 

The pension almost always falls outside the estate, so probably one less thing to worry about - you just need to let the pension provider know your father has died and they'll set the necessary wheels in motion to explain the options.

hb2

If the value of the estate is such that it all goes to the wife, I would be inclined to let her deal with it (unless she has specifically asked for help).