earlybird Posted September 17, 2011 Share Posted September 17, 2011 My friend's husband died two weeks ago without leaving a will. He jointly owns his old marital house with his ex wife. He allowed her to stay in the house even though her new partner moved in 5 years ago as their 15 year old son lives with her. This week the ex wife has contacted my friend saying she wants the proceeds of his life insurance policy for the son and that she isn't entitled to any part of the jointly owned house, which now has no mortgage as on his death it was paid off. My friend has very little money at the moment and doesn't know whether its worth contacting a solicitor or if the ex wife is correct, in which case she would be wasting her money. Can anyone offer any advice please ? Link to comment Share on other sites More sharing options...
GrapeApe Posted September 17, 2011 Share Posted September 17, 2011 My friend's husband died two weeks ago without leaving a will. He jointly owns his old marital house with his ex wife. He allowed her to stay in the house even though her new partner moved in 5 years ago as their 15 year old son lives with her. This week the ex wife has contacted my friend saying she wants the proceeds of his life insurance policy for the son and that she isn't entitled to any part of the jointly owned house, which now has no mortgage as on his death it was paid off. My friend has very little money at the moment and doesn't know whether its worth contacting a solicitor or if the ex wife is correct, in which case she would be wasting her money. Can anyone offer any advice please ? Most solicitors offer half an hour free advice. CAB also have legal advisors. Best avoid advice you get off here. For example I have no idea what I'm going on about half the time Link to comment Share on other sites More sharing options...
Cyclone Posted September 17, 2011 Share Posted September 17, 2011 So he's died interstate, and has a life insurance policy. Assuming it's not a massive policy and that there are no children, it will go to his widow, if there are children some will go to them and some (most) to his widow, assuming that the policy isn't huge. As will the rest of the estate (again assuming that it's not over what is a pretty high limit, after which parents start getting involved). The estate obviously includes the half ownership of that house, so that becomes the property of his widow. If the current occupiers can't buy her out (and she doesn't wish to let them stay for free) then she can probably demand that it be put on the market. She should definitely get some legal advice though, the ex is trying to pull a fast one. Link to comment Share on other sites More sharing options...
Cyclone Posted September 17, 2011 Share Posted September 17, 2011 Married partners or civil partners inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. So if you are divorced or if your civil partnership has been legally ended, you can’t inherit under the rules of intestacy. But partners who separated informally can still inherit under the rules of intestacy. If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £250,000, the partner will inherit: all the personal property and belongings of the person who has died, and the first £250,000 of the estate, and a life interest in half of the remaining estate. This means that if you are entitled to the life interest, you cannot get rid of or spend that part of the estate. You can, however, have the benefit of it during your lifetime. For example: Susan was in a civil partnership with Fang and they adopted a daughter called Jia. Susan died without leaving a will. Her estate is worth £450,000. After Fang inherits her share of £250,000, the estate that is left is worth £200,000. Fang can have the benefit of (a life interest in) half of this - £100,000. She cannot spend the £100,000 capital itself. It should be invested and Fang is entitled to the interest from this during her lifetime. On her death, the £100,000 goes to Jia. If the estate is worth more than £450,000, there are no surviving children, grandchildren or great-grandchildren, but there are surviving parents, the partner will inherit: all the personal property and belongings of the person who has died and the first £450,000 of the estate with interest from the date of death and one-half of the remaining estate. http://www.adviceguide.org.uk/index/your_family/family_index_ew/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm Link to comment Share on other sites More sharing options...
andyofborg Posted September 17, 2011 Share Posted September 17, 2011 this may help...... http://www.adviceguide.org.uk/index/your_family/family_index_ew/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm however this is a horribly complex area of law and she needs to speak to a real solicitor or possibly the CAB. Link to comment Share on other sites More sharing options...
Plain Talker Posted September 17, 2011 Share Posted September 17, 2011 any will made whilst married to the first spouse that provided anything for first spouse and son will have been invalidated by the divorce and remarriage. That was the first rule that my solicitor told me, when I was instructing her, when my husband and I got divorced. Link to comment Share on other sites More sharing options...
earlybird Posted September 18, 2011 Author Share Posted September 18, 2011 Thanks for the advice, I have told her to make an appointment as suggested for an initial free half hour. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted September 19, 2011 Share Posted September 19, 2011 So he's died inteState, and has a life ASsurance policy. Assuming it's not a massive policy and that there are no children, it will go to his widow Not necessarily. It might stand assigned as collateral security (as endowment mortgages usually demand). Link to comment Share on other sites More sharing options...
Cyclone Posted September 19, 2011 Share Posted September 19, 2011 Fair enough, the OP mentions a house which is owned outright with no mortgage though, so that circumstance would seem to not apply. Link to comment Share on other sites More sharing options...
Grandad.Malky Posted September 19, 2011 Share Posted September 19, 2011 Sounds like the first wife is trying in on, it could have been worse though, imagine the complications if he hadn’t remarried. Link to comment Share on other sites More sharing options...
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