Originally Posted by Judd
And there is the nub of the problem. If he didn't make his wishes known, the estate will go to spouse and immediate family. Traditionally, even without a will, the marital home will go to the surviving spouse. In this case, because it is a pension it was divided up as fifty percent to the spouse, the remaining fifty percent divided equally between surviving children. Presumably this is the lump sum payment, and she still gets a monthly pension?
I donít know Judd as he was still working and not claiming it .
I canít think why he didnít have a will I have had a will since my first child was born .
The spouse of someone who dies intestate only gets the first £270000 of the house ( and itís worth over £500k ) this sounds a lot but in fact in that area is average. It a very ordinary house .These are the rules of intestacy.
She will also be entitled to half of what is left .
So if the house sells for 500k
And there is 230k left she is entitled to £115k of this .
So she will get £385k which sounds a lot but doesnít buy much in Surrey when all the agents fees etc are taken into account.
So she has to move out somewhere else she also gets all the personal possessions but she already gave them away to his children.
My poor friend feels so betrayed she is a good person she met their father long after he had been divorced from his first wife and they are all grown up and doing extremely well.
At first they said they didnít want his pension and then they changed their minds .
Usually if you have already retired and claiming a pension it can only go to the spouse . The reason being that if it went to the children the pension company would be paying out for decades.
So important to have a will in place .
She is now ill herself and not able to work I do t know how she will go on .She is 60+ but is not yet at retiring age