• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Husband left nothing in a will

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Husband left nothing in a will

    I was asked this question and have no idea...

    A frail husband and wife live together in their own mortgage free house. The house is in both their names. Despite being married and sharing the house for many years their finances (& lives) were always separate, she has money in her own accounts he has little and his pensions are paid into a joint account to cover bills etc.
    Because he was so frail it was assumed he wouldn't last long so she made a will giving everything to their life joint friend who would also act as trustee and executor.

    He would also want the same friend to benefit but whilst he is of sound mind he is too frail to bother setting up his own will. She was taken into hospital and it looked touch and go which asks the question - what would happen to her will should she go first? Would her will be ignored or if left alone and he died interstate but after his wife, would her will still stand?

    I'm asking on behalf of him.
    Tags: None

  • #2
    If the wife dies first her will stands.
    But what actually happens depends on how things are owned (and to an extent the actual wording of the will)
    Is the house owned as tenants in common or joint tenancy?
    Bank accounts in joint names would probably pass by right of survivorship to the husband
    Jointly owned chattels (furnishings etc) likewise would probably pass to husband

    Comment


    • #3
      Thanks des8 I'll find out and get back.

      Comment


      • #4
        Hi, it's a joint tenancy and she's back home and after asking her she allowed me to take a photo of her Will. Having discussed it with him, he would rather not want to get in the will writers and witnesses as he'd find it all too stressful but he hopes her Will will be enough. The question again is, what would happen should she go first? Many thanks.
        Last edited by CharlieP; 31st October 2019, 11:30:AM.

        Comment


        • #5
          As the house is held in a joint tenancy it will, regardless of any will, pass to the survivor on the death of either party.
          So if she passes first the house will then be owned solely by the husband.
          As he has not left a will it passes on his death according to the strict rules of intestacy https://www.gov.uk/inherits-someone-dies-without-will

          That photo is page 2 of 4 !

          Comment


          • #6
            Thanks des for clearing up that. I'll tell them that he'll need to make a will to clarify their wishes. He won't be happy.
            Yes page one is a header, 3 was just more jargon giving powers to the beneficiary and page 4 is the signatures.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X