My parents don't have a will, does my mum automatically get everything when my dad passes?

20th Sep 2019

My parents dont have a will, does my mum automatically get everything when my dad passes, or do we have to legally put her down as his next of kin? She is named on the house and all bank accounts

CATEGORY: Wills, Probate & Trusts


2 answers
  • QualitySolicitors Chapman & Chubb

    Assuming your mother was legally married to you father, if he dies intestate (without a will), then everything will pass to your mother regardless of whether or not she is named on any assets.

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    QualitySolicitors Chapman & Chubb

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  • Curzon Green Solicitors

    Any assets that your parents jointly own will pass to the survivor automatically on the death of the first joint owner. This will apply to any joint bank accounts and any property that they own as 'joint tenants' (as opposed to 'tenants in common').

    If your parents are married, under the intestacy rules, the first £250k of any other assets will go to your mother and anything over that sum will be split equally between your mother and any of your father's children (if more than one in equal shares). Your mother would get any of your father's personal possessions, whatever their value.

    If your parents are not married, any assets belonging to your father would be inherited in equal shares by his children.

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    Curzon Green Solicitors

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