Jokes1 min ago
intestate question
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
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
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.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.
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.