IHT online calculator - no will

GreyHyena

Applying for probate and going through the IHT calculator and want to check that I've interpreted these correctly.  The probate relates to a person who has died without a will, but has a surviving spouse with a jointly owned home.

Did they leave a home to a direct descendant?
Answer: No (because there is no will)

What was the value of tax-free allowance the person who died inherited
Answer: £325000  (nil rate band)

I'm struggling to answer this question:

Have they left all assets to a surviving husband, wife or civil partner?
I think the answer should be no as there is no will.

Thanks in advance

bobster2

GreyHyena said:

Applying for probate and going through the IHT calculator and want to check that I've interpreted these correctly.  The probate relates to a person who has died without a will, but has a surviving spouse with a jointly owned home.

Did they leave a home to a direct descendant?
Answer: No (because there is no will)

What was the value of tax-free allowance the person who died inherited
Answer: £325000  (nil rate band)

I'm struggling to answer this question:

Have they left all assets to a surviving husband, wife or civil partner?
I think the answer should be no as there is no will.

Thanks in advance

Surely the answers depend on the value of the estate and whether they have any children?

Without a will, if their estate is < £322,000 then they will be leaving all assets to a surviving spouse under the rules of intestacy. If the estate is > £322,000 then they will be leaving something to any children too (although not the home if that is owned as a joint tenant with the spouse).

Keep_pedalling

The fact that there is no will does not lose the ability to claim the residential NRB or spousal exemption. The laws of intestacy will apply and dictates who inherits what.

What is their marital status and how much is their estate worth. If they owned a home was it solely owned of jointly owned with a spouse?

GreyHyena

Bobster2 and Keep_pedalling, Thank you for your replies.  

So in relation to 'Have they left all assets to a surviving husband, wife or civil partner? ' the response needs to be  amended to ' Yes' as:

Estate is less than £322K  - although there are surviving children, under rules of intestacy, they will not inherit anything.
Home is Joint ownership and under rules of intestacy is left to surving spouse.

I think where the confusion has arisen is that I've assumed this above question is referring to a will rather than rules of intestacy.

GH

bobster2

GreyHyena said:

Bobster2 and Keep_pedalling, Thank you for your replies.  

So in relation to 'Have they left all assets to a surviving husband, wife or civil partner? ' the response needs to be  amended to ' Yes' as:

Estate is less than £322K  - although there are surviving children, under rules of intestacy, they will not inherit anything.
Home is Joint ownership and under rules of intestacy is left to surving spouse.

I think where the confusion has arisen is that I've assumed this above question is referring to a will rather than rules of intestacy.

GH

I think the answers are "no" and "yes" because of the the rules of intestacy say. Less than < £322k so all to spouse.

Keep_pedalling

GreyHyena said:

Bobster2 and Keep_pedalling, Thank you for your replies.  

So in relation to 'Have they left all assets to a surviving husband, wife or civil partner? ' the response needs to be  amended to ' Yes' as:

Estate is less than £322K  - although there are surviving children, under rules of intestacy, they will not inherit anything.
Home is Joint ownership and under rules of intestacy is left to surving spouse.

I think where the confusion has arisen is that I've assumed this above question is referring to a will rather than rules of intestacy.

GH

The surviving spouse inherits it all even if the house is owned as tenants in common. It is possible that probate may not be require. It is not required for the house or any other jointly owned assets, but might be needed for solely owned assets such as stocks and shares or large cash deposits.

GreyHyena

Thanks Keep_pedalling, probate is being requested by banking institutions where accounts were  held solely.

RAS

Can you confirm whether the house was held as tenants in common or a joint tenancy?

If it's a joint tenancy, the spouse doesn't inherit it, they become the sole tenant. If it's tenants in common, then the spouse inherits the portion owned by deceased.

GreyHyena

RAS, many thanks for your comment. 

The property was owned jointly, therefore will be inherited solely by the surviving spouse.

RAS

In which case the house isn't part of the deceased's estate. It transfers by survivorship.

Nothing to do with the absence of a will or intestacy. Your dad legally could not include the house if he had written a will. Well he could have put words on paper but they would have been null and void.

GreyHyena

RAS said:

In which case the house isn't part of the deceased's estate. It transfers by survivorship.

Nothing to do with the absence of a will or intestacy. Your dad legally could not include the house if he had written a will. Well he could have put words on paper but they would have been null and void.

RAS, many thanks for your comment - GH.