House in husbands name – does it pass to the wife?
My friend’s husband died last month. Her husband died without making a will. They had their house in husband’s name. They do not have children. Is the wife entitled to the house?
Answer: House in Husbands name.
She will only get the whole of his estate if he had no surviving relatives, or if the whole estate is valued at £450,000 plus, in which case the widow would get £450,000, plus half the balance. The remaining half goes to the other relatives in this order of priority – parents; brothers/sisters; half brothers/ sisters; grandparents; aunts/ uncles; spouses of aunts /uncles.
Had there been any children of this or a previous relationship, then her share would have been £250,000 plus a life interest in half of the balance. In effect, this means the widow would have the interest from it. The rest would go to her children in equal shares, with the amount due to a deceased child being shared between that child’s children and so on.
If the “husband” was a common law husband, then
Writing a Will is really important I am afraid, and the lack of a Will can result in grief being compounded by being forced to sell the family home.