Inheritance

Lisamun

My husband and I were separated (not divorced), for a number of years when he died. I understand his property will not pass to me because I did not live there. Will it go, instead, to our children? 

74jax

Lisamun said:

My husband and I were separated (not divorced), for a number of years when he died. I understand his property will not pass to me because I did not live there. Will it go, instead, to our children? 

Did he have a will? If not, I'm not sure why the above in bold is correct? 

naedanger

Did he leave a will? 
Where did he live - England, Scotland, Wales or NI?

Marcon

74jax said:

Lisamun said:

My husband and I were separated (not divorced), for a number of years when he died. I understand his property will not pass to me because I did not live there. Will it go, instead, to our children? 

Did he have a will? If not, I'm not sure why the above in bold is correct? 

It could be, for one or both of two reasons:

• OP and her husband were judicially separated and continued to live apart at the time of his death, in which case if he died intestate, the rules of intestacy will apply BUT OP will be treated for this purpose as if she had died
• the property was held on a tenancy which would only pass to the surviving spouse if both parties were living at the property at the time one died. OP would need to see the tenancy agreement to see what would happen.

Lisamun

Thanks for replies. 

My husband left no will and lived in Scotland. 

Keep_pedalling

Lisamun said:

Thanks for replies. 

My husband left no will and lived in Scotland. 

Assuming neither of those points Marcon has raised apply then the estate will be distributed as per the intestacy rules of Scotland. You can vary that with a deed of variation, if you want his estate to go to your children instead.

https://www.thegazette.co.uk/wills-and-probate/content/103535

Lisamun

Ideally the property would fall to his children.....all adults. 

Keep_pedalling

Lisamun said:

Ideally the property would fall to his children.....all adults. 

Assuming he was the sole owner then you would need to do a deed of variation to pass your inheritance to your children. If  you are on any form of means tested benefits you need to be aware that would still be deemed to have received your inheritance.

Lisamun

Thanks for advice, all. 

Appreciated.