Cash inside intestate property not declared

RAS

Do you even know how the house was held, as tenants n common or a simple joint tenancy?

If it's a joint tenancy, then the surviving spouse becomes the sole tenant. Doesn't even enter the estate.

Flugelhorn

https://forums.moneysavingexpert.com/discussion/comment/81980143#Comment_81980143

apparently the mother was the sole owner

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81980125#Comment_81980125

A spouse recieves the first £322k, the chattels and 50% of the remainder. The children get the remaining 50%.

Who gets what assets is really down to negotiation, but if the spouse gets less than the total value of the home then likely it needs selling and the share distributed. A deed of variation can avoid that (see my reply on the other thread)

Skypist

https://forums.moneysavingexpert.com/discussion/comment/81980143#Comment_81980143

Yes, it's tenancy in common, because they did not obtain the house at the same time. The house was given to my mother as part of a divorce settlement many years before she met the subsequent spouse. It then passed to intestacy rules as stated.

RAS

https://forums.moneysavingexpert.com/discussion/comment/81980153#Comment_81980153

This makes no sense at all. Have you ordered the registration from the Land Registry to check the situation? It costs £7 and might help people help you as much of what you've shared so far is contradictory and confusing.

Skypist

https://forums.moneysavingexpert.com/discussion/comment/81980157#Comment_81980157

Ok, I will order it now. But can you tell me which parts so far are contradictory and confusing? I can either make it clearer or there has been some sort of mistake between the date of death and the solicitors mailing me with details of intestate asset division.

Skypist

Got the registry and property was indeed solely in the deceased's name.

Flugelhorn

https://forums.moneysavingexpert.com/discussion/comment/81980157#Comment_81980157

If a property only has one owner, it cannot be "tenants in common" - that implies more than one owner

on the registry - you need to look for this (it won't be there if there is just one owner ): 

‘No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered except under an order of the Court’.

sheramber

Is this correct?

Mother, divorced, was given house in divorce settlement

Mother married a couple of years ago, so new spouse

Mother advised OP years ago that their was a large sum of money kept in the house, in a safe.

Mother has now died intestate.

Estate consists of house worth £X and money to the value £Y

Spouse inherits the first £322k of estate and half of the rest of estate shared with OP.

Spouse wishes to buy out OP of the house.

1 OP is concerned that any money in the house safe has not been included in the estate figure.

2 OP disputes the RIC valuation of the house.

Skypist

https://forums.moneysavingexpert.com/discussion/comment/81980203#Comment_81980203

Yes, that's a perfect summary.

Ideally I'd love for the house to go to deceased's grandchildren (as were here wishes) by Deed Of Variation, but obviously very little chance of that getting signed. I'm guessing no matter what, the property would go to spouse's children when he dies. It would then get sold for considerably more than the RICS valuation.