# Who Gets What



## jerry318 (Feb 16, 2006)

Right here is the scenario as far as I can see it

Mr X Lives with Miss Y, she is not registered at the address but has lived with him for 8 years.
The house they live in is fullly paid for by Mr X who has now passed away

Mr x has 2 kids (not with Miss Y)that he has not seen for years

What now happens to the house??

Oh and Mr X did not have a will


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## Geetarman (Apr 22, 2007)

Would imagine all would have some rights to the estate, kids because they are related and Miss Y as she would probably be considered the common law wife.

Whether she has chosen not to registered at the address for reasons of avoidance of council tax or additional benefits is probably another matter.

Could be a messy one unless agreement can be reached.


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## a15cro (May 13, 2008)

Im not an expert but I believe it goes to probate, both the GF and the children can lay a claim and it has to be decided by a third party, then there is taxable liability involved too.

Like I say, Im no expert but everyone should put a will in place and this was backed up by my accountant the other day who was explaining a similar scenario as the one above but this was a wife and the guy was a very succesful business man - with no will. The wife and the children have been locked in a battle to try and avoid 100k's worth of tax. They finally agreed a settlement less than 24hrs before the deadline.


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## DiscoDriver (Oct 27, 2009)

"Common law wife" has no legal meaning and thus is irrelevant. Unless there is something written down (ie a will) I think Miss Y will be left high and dry. She has no legal or familial connection to the deceased.


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## Duke Wellington (Dec 1, 2009)

I have been an Executor on several Wills and someone who has died without leaving a Will is known as to have died intestate. In these circumstances there is a set sequence of order on who has a claim on the deceased estate.

This link on the Rules of Intestacy should help: Intestacy link

Prior to Probate being granted all Taxes have to be paid first, so the first person to have claim on a deceased person's estate is always HM Revenue & Customs.


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## DiscoDriver (Oct 27, 2009)

That was a great link Arthur ;-)


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