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Should they still have a will?

curtiss21
curtiss21 Posts: 4 Newbie
Part of the Furniture Combo Breaker
edited 29 January 2024 at 4:45PM in Deaths, funerals & probate
Hello I hope I have put this in the right place, my father and mother in law have no Will they are not married and have no joint account but I am helping them set one up this week. my question is if they have no assets just a little savings do they need a Will as if they have a joint account I am at the understanding that the other can still have access to the account and savings when one passes on any advice would be greatly appreciated.  

Comments

  • MSE_ForumTeam5
    MSE_ForumTeam5 Posts: 1,320 Community Admin
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    We've moved this to a more appropriate part of the forum
    Official MSE Forum Team member. Please use the 'report' button to alert us to problem posts, or email forumteam@moneysavingexpert.com
  • Keep_pedalling
    Keep_pedalling Posts: 22,437 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Not many people have no sole assets, so it is better that they have a will. For small estates with few assets a DIY would suffice. 

    More importantly they really need financial and health and welfare LPA in place.
  • bunnygo
    bunnygo Posts: 195 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    the joint account will indeed still be accessible to the survivor - and all bills should be set up to be paid from it for that reason. This means that a grieving partner does not find their household bills unpaid at a time when they really don't need extra hassle.

    no will and not married - not good. For instance, what happens to the survivor regarding tenancy?

    and yes, get moving on those LPAs.
  • user1977
    user1977 Posts: 19,207 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Not many people have no sole assets, so it is better that they have a will.
    And even if they don't have much now, that might change by the time they die e.g. what if they inherit from somebody else's estate?
  • Olinda99
    Olinda99 Posts: 2,042 Forumite
    1,000 Posts Third Anniversary Name Dropper
    if they don't have a will then their assets pass according to intestacy rules  - which may be what they want anyway
  • Silvertabby
    Silvertabby Posts: 10,562 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Any pensions?  Some older occupational pensions will only pay a survivor's pension to a legally married spouse.
  • Marcon
    Marcon Posts: 15,608 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Olinda99 said:
    if they don't have a will then their assets pass according to intestacy rules  - which may be what they want anyway
    ....although whether they'd want someone else to apply for letters of administration could be another matter. The surviving partner cannot do so.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
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