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Daughter Died Intestate

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collareddove12 | 18:48 Sat 21st May 2022 | Law
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My daughter has died without making a will, I am her next of kin. She owned a house with her ex-partner and they still both lived in the house.
They split when he came out a few years ago.
I have told him I don't want half the house but I don't know what happens in these circumstances. I told him he would need to consult a solicitor but I don't want to have to pay any fees, I am willing to just relinquish my rights to the property . Any views on this please?

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To explain, the ownership of the house determines how it is treated under the rules of intestacy. If it was owned as joint tenants, each partner does not own a discrete half. It is owned by the partnership and when one of them dies, the house reverts in full to the survivor. A will or the rules of intestacy cannot alter that. If it is owned as tenants-in-common,...
20:16 Sat 21st May 2022
How did your daughter and her ex-partner own the property? Joint tenants or tenants in common?
I am so sorry for your loss, collareddove.
I am terribly terribly sorry this has occurred.
Presumably there are no children.

You do nothing. It depends what the ownership of the house is. he will know. Presumably tenants-in-common.
He has an interest in the property and so can proceed with handling the intestate estate. Tell him you will sign any documents ( that HE pays for ) that signs over 'your' half to him.

wait a few weeks or months - you might change your mind. You might also remember that your d said -" oh if I die I want so and so to get my stuff." In which case you are in a position to do as she wished

Make sure what you do is irrevocable - so that no one is faced with - "oh fifteen years ago mum said X but I think Y .....

Tax there is only a tax charge if the house is worth over £650 000 - so that your half is over £325 000.

I dont think in english law there is a mechanism ( that there is in wills) of saying i dont want it thanks

terribly sorry this has occurred



Question Author
Thank you, I don't know how the property was owned. Presumably when he consults a solicitor it will all be more clear. I will just have to wait and see.
To explain, the ownership of the house determines how it is treated under the rules of intestacy. If it was owned as joint tenants, each partner does not own a discrete half. It is owned by the partnership and when one of them dies, the house reverts in full to the survivor. A will or the rules of intestacy cannot alter that. If it is owned as tenants-in-common, each partner owns a discrete half. That half can either be left in a will, or, if there is no will, form part of the estate that will be distributed under the rules of intestacy.

Very basically, those rules say that if your daughter was not married (or in a civil partnership) and she has no children, her estate - including her share in the house, if owned as tenants-in-common, goes to you. Here's a flowchart if it is more complex than that:

https://www.hughjames.com/documents/docs/2020/intestacy-rules-flow-chart-february-2020-6443.pdf
Yeah let him do the hard lifting and if he gets it wrong
then he suffers
sort of a thorn to get him to do it carefully.

I am so very sorry that you find yourself in this situation. I've just been put to some difficulties in sorting out my Will because my daughter has not made a Will. This is as nothing, however, against the shock and loss you have suffered.
People on here gave me very good advice, I acted on it and things are settling down.
From what I can see, they are also giving you very good advice.
My thoughts are with you.
Question Author
Many thanks to everyone for their comments. I'm sure it will all work out in the end. At the moment everything is really raw as she only died on 19th May and just trying to sort everything and come to terms with it is a nightmare
So sorry for your loss, collareddove. Try not to fret about property - these things can take months and there is plenty of time to get things done. You need to look after yourself and not get stressed about matters that really are not urgent.
I'm so sorry for your loss please take care of yourself
I am so incredibly sorry for your loss x
I'm sorry to hear of your loss. It will be raw for some time yet. But as others have said, take your time, don't put yourself under any more pressure than you are already.

I assume you're handling this all amicably; in that case ask him to sort it out, pay any fees, and give you a piece of paper to sign. He will be feeling the loss too, and also shouldn't rush; but he has much to gain from the transaction so it's not unreasonable to ask him to do the donkey work for you. (He should be able to tell you how the house was owned.)

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