If I die... no will

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Kristykake2000
Kristykake2000 Posts: 21 Forumite
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in Deaths, funerals & probate
What would happen to my assets if I died today? (I’m not planning on dying today but just curious).

I have no will yet.

Unmarried but live with my babies father. Closest relatives are Mum, dad (not close to him) and brother.

I have a mortgage on my own and the 3 (baby, her dad & I) of us live in this house.

There is about £40k equity in the house.

So what would happen if I die?

Would it force the house to be sold?
Would it all go to my baby, or not if she’s under 18?
Could my partner continue paying the mortgage and they stil live here?

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  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 19 October 2018 at 6:15AM
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    Why not just get a will! Then you will be sure your estate will go where you want it too


    Without a will your baby will get the lot assuming you have no civil partner


    Google will bring you info on what happens when you die without a will


    eg https://www.gov.uk/inherits-someone-dies-without-will
  • Flugelhorn
    Flugelhorn Posts: 5,584 Forumite
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    If you jointly own the property with the baby's dad then he will own the property, if you solely own it then the baby will get it. but will need a guardian. etc .

    just have a chat with partner and make some wills
  • trailingspouse
    trailingspouse Posts: 4,035 Forumite
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    Kirstykake I think you've explained very succinctly why it's essential to make a will.
    No longer a spouse, or trailing, but MSE won't allow me to change my username...
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Kristykake2000 wrote: »
    Could my partner continue paying the mortgage and they still live here?


    Do you not have life insurance to cover the mortgage?
  • TBagpuss
    TBagpuss Posts: 11,204 Forumite
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    It's really important that you make a will, as you have a minor child and are unmarried.

    If you and your partner own the house as joint tenants, he would own it automatically if you die. Anything else you have would go to your daughter, but would need to be sold and the money held for her until she was 18. Your parents would have the first right to apply for letters of administration to deal with your estate.

    If you and your partner own the house as tenants in common, or if it is just in your name, then your share is part of your estate and goes to your child, but yes, it probably would have to be sold unless your partner was in a position to remortgage to buy to the estate.

    making a will is not particularly expensive but it is important.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Keep_pedalling
    Keep_pedalling Posts: 16,641 Forumite
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    AnotherJoe wrote: »
    Do you not have life insurance to cover the mortgage?

    It would be madness not to cover the mortgage with insurance, it it not expensive for a young person in good health. Even if it was possible for your partner to take out a mortgage to pay off yours and prevent a house sale, as a single parent he would be struggling financially. Likewise if your partner died you would likely be left in financial difficulty so you should look at a joint policy.

    For a unmarried couple with a child it is essential that you both have wills in place, so do not put it off, and while you are at it lasting powers of attorney would advisable as well.
  • Kristykake2000
    Kristykake2000 Posts: 21 Forumite
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    What are lasting powers of attorney ?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    Kristykake2000 wrote: »
    What are lasting powers of attorney ?
    If you lose mental capacity it will allow someone to manage you finances. There is also one to allow someone to make decisions about your medical treatment. You can do them online that is much cheaper than getting a solicitor to do it tor you. Google will tell you more.
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