![]() ![]() Heather would get £40,000 and Selma would get the remaining £40,000. It would be shared out according to the rules of intestacy, that is, Heather would get the first £270,000. If Tom had owned the flat in his name alone, his estate would have been worth £350,000. This leaves an estate of £50,000 which also goes to Heather, as it is worth less than £270,000. Tom dies intestate leaving the jointly-owned flat worth £300,000, and £50,000 in shares in his own name. Property and money that the surviving partner inherits does not count as part of the estate of the person who has died when it is being valued for the intestacy rules.Įxample: Tom and Heather are married and own their flat jointly as beneficial joint tenants. ![]() If one dies, the other partner will automatically inherit the whole of the money. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.įor more information about beneficial joint tenancies and tenancies in common, see Buying with someone else in Buying a home.Ĭouples may also have joint bank or building society accounts. If the partners were beneficial joint tenants at the time of the death, when the first partner dies, the surviving partner will automatically inherit the other partner's share of the property. These are beneficial joint tenancies and tenancies in common. There are two different ways of jointly owning a home. The whole of the estate with interest from the date of death.Ĭouples may jointly own their home. If there are no surviving children, grandchildren or great-grandchildren, the partner will inherit:Īll the personal property and belongings of the person who has died and After Fang inherits her share of £270,000, the estate that is left is worth £180,000. If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £270,000, the partner will inherit:Īll the personal property and belongings of the person who has died, andįor example: Susan was in a civil partnership with Fang and they adopted a daughter called Jia. ![]() Cohabiting partners (sometimes wrongly called 'common-law' partners) who were neither married nor in a civil partnership can't inherit under the rules of intestacy. Partners who separated informally can still inherit under the rules of intestacy. So if you are divorced or if your civil partnership has been legally ended, you can’t inherit under the rules of intestacy. 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. If someone makes a will but it is not legally valid, the rules of intestacy decide how the estate will be shared out, not the wishes expressed in the will.įor more information about what is a valid will, see Wills. Only married or civil partners and some other close relatives can inherit under the rules of intestacy. A person who dies without leaving a will is called an intestate person. When a person dies without leaving a valid will, their property (the estate) must be shared out according to certain rules. ![]()
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