Dying with out a Will

Jazzieboy

Hi.

If my husband were to die without making will, would it all automatically come to me ?. We would be within the tax limit. Almost all our finances are in joint names, except for a few Savings Schemes my Husband started through his work and on these I am the beneficiary.

My husband has a teenage son, who spends the majority of his time with us. (apparently his mother doesn't understand him !? but then he is a teenager !) We pay a nominal amount to his mother each week due to this. Would there be any claim for "maintenance" from me ?.

Thanks Guys.

Jazz

Bagpuss1973

Hi Jazzieboy

I don't think so (but I am no solicitor!), a proportion would go to his son as well, as his son is under 18 (I am assuming that) then the money from the estate would go into a trust fund or something as far as I am aware.

Hopefully someone who knows that they are talking about will help you out more. It would be a lot less stressful for the remaining family if he were to make his wishes clear in a will, you can do your own will these days at quite low cost so it would be worth him thinking about it.

As for maintenance - no idea!

margaretclare

Hi

Everything that is in joint names is yours automatically - you said 'most of'. If you are stated as the beneficiary on the savings schemes through work, then these would come to you as well.

Not sure about any claim from the son. You need legal advice about this!

Personally I think that dying without a will (title of your post) is always a bad idea. Why not make one each, you and your husband?

Aunty Margaret

crossleydd42

Try this link as an idea of the problems of dying intestate.

http://news.bbc.co.uk/1/hi/business/4032019.stm

Jazzieboy

Hi

Thanks for the advice and the link that has now scared the pants off Hubby !.

He was always under the assumption that it would automatically come to me. He isn't so well at the minute so we will have to make the effort to get him sorted out.
If he made a will saying its all mine, would the ex be able to claim/contested for maintenance ?.

Bizarrely I have a will ! and his son is included in it. As I have looked after him for long enough he feels like mine anyway.

Jazzieboy

Hello again ... another thought ! ( I know you all aren't legal experts but it does help to have someone elses thoughts on this !).
Our house in joint names so surely if there were to be a claim it would only be on half of it as the other half is mine ?.

daveboy

This thread has made me decide it is time for me to make a will.

The problem I have is the person I want to leave everything to currently lives in Australia and is currently an Australian citizen.

Thank you to the OP and crossleydd42 for the push I needed and I apologise for asking a question in your thread. I just thought it was pointless starting a thread on what is basically the same subject.

If anyone knows where I stand legally with my possible problem I'd greatly appreciate your contribution.

Poppy9

FIL who died a few weeks ago had made a will with one of these free Will writing companies. It's a very basic will giving everything to his wife (only house, small pension and small amount of savings) if she survives him by 28 days and then provision for his 2 children if she should pass.

MIL doesn't know what to do with this will. Does she need to give to a solicitor?

Second question:

OH was appointed executor of friends will. He became ill a couple of years ago and sold his house to live with his daughter. My OH had to sign a form from the solicitor okaying the house sale. He died a month ago but OH hasn't heard from solicitor. One of the children rang to say his sister is disposing of bank accounts etc and he isn't happy because there is no money and as my OH is executor of the will she shouldn't be allowed to do so. How does he find out if there is a will and if he has any responsibilities?

irnbru_2

Poppy9 wrote:

OH was appointed executor of friends will. He became ill a couple of years ago and sold his house to live with his daughter. My OH had to sign a form from the solicitor okaying the house sale. He died a month ago but OH hasn't heard from solicitor. One of the children rang to say his sister is disposing of bank accounts etc and he isn't happy because there is no money and as my OH is executor of the will she shouldn't be allowed to do so. How does he find out if there is a will and if he has any responsibilities?

1. Get a copy of the death certificate.
2. Male sibling should contact lawyer now and establish if a new will is in place.
3. Female sibling may be authorised to withdraw money - will depend on the account but if male sibling has account details he could just present the death certificate to bank. It could or could not be fraud to withdraw monies but really dependent on the account.
4. Get the your OH to phone lawyer and make an appointment to establish if he's still the Executor - for peace of mind if nothing else.

Age Concern's links to End-of-Life information.

There used to be another Age Conern leaflet explicitly dealing with entitlement to the estate irrespective of the will but I can't see it

Poppy9

OH rang solicitor who dealt with house sale. She is looking to see if there is a will. The funny thing is the deceased friend was more concerned with his son ripping off his sister than vice versa.

shelly

Thanks so much for info on this thread.Neither hubby or I have a will and didn't think it really neccessary as we don't have children yet but reading the news article has changed our minds that he at least needs to do one.We assumed that I as his wife would get everything but it seems not.

Thanks again.