No will property in single name

R

robbie00

Registered User
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155
Hi,

I am looking into something for a friend. Parent passed away without a will and the property in their own name only. Can this house be transferred over to their wife who lived in the property all their life.

I know normally once a person dies without a will the estate is 2/3rds to the husband/wife and the 1/3 split between any children they may have.

But i dont think the house should be part of the estate as its been their family home even though its only been in one person's name.

All advice appreciated as I am just trying to get them some information to reduce any probate costs they might need to pay out.
 
The law governing intestacy is that 2/3 of the estate will go to the surviving spouse/partner and 1/3 to divided equally between children.
How many children are there?
 
"But i dont think the house should be part of the estate as its been there family home even do its only been in one persons name."

Its part of the deceased's estate.

There are any number of ways of dealing with this. Much depends on the matter of any offspring. Do any or all of them want their share? If yes, cue family fall out.

If no, they can all do a Deed of Family Arrangement after Probate to vest the property in the surviving spouse.

Or just leave it as is and years and years down the line, take out Probate to the deceased's estate and sell it when and if the need arises.

The key issue is whether any of the offspring want a share.

mf
 
Very good advice from MF, it all comes down to the relationship between the mother and children.

If they are willing to work it out a good outcome could be reached.
 
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