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intestate question

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fiesata | 21:18 Thu 13th Sep 2007 | Civil
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I have a friend who's wife won't make a will.They have one child between them and she has two children (now grown up) from a previous relationship.
If they died would the husband inherit everything which is worth approx �160,000between them inc their house (all built up since they married ) or could the grown up children from her previous relationship make a claim.I heard somewhere there is a �125,000 rule
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It depends how the house is owned. Assuming the house is in both names, if they own it as 'joint tenants' then both of them own the whole property. When one dies, then the survivor automatically owns the lot.

If it is owned as 'tenants in common' then each own a share - a half each, as an example. When one dies, his half forms part of the estate and can be willed to anybody.

So, if they own the property as 'joint tenants' then the house does not form part of the �125,000 rule you refer to and the children will not have a claim. If she dies first without a will, everything will go straight to the husband.
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Thanks Ethel - they purchased the house together with a mortgage in both names which is now paid for, and has both names on the deeds.
Does this mean they own the house as joint tenants if not how do they find out

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