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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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My farther recently passed away and he did not write a will,

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My farther recently passed away and he did not write a will, he is divorced from my mother and has been living with another woman but are not married for approx 15 years in a house they jointly bought. she has advised us that my farther didnt write a will to which we can only take her word.
Does this mean that everything that my farther had legally becomes her property including the house and car plus all his personal belongings. or as his children do we have any rights to any of his belongings.



Hi Mark,


Thanks for your question, I'm sorry for your loss.


Any assets that your father held in joint names (Eg, bank accounts) with his partner will pass automatically to her, this may include the house they bought together if they held their interests as joint tenants. If they held their interests as tenants in common then his interest will pass according to the intestacy rules.


You can check by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-

Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

" No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

If there is no such entry then the property is held as joint tenants.


Other property that is not held jointly will pass under the intestacy rules, which means that it will go to his children. Please let me know if one of his children has predeceased him.


His partner may be able to make a claim on his estate under the Inheritance (Provision for Family & Dependents) Act 1975, but she would need to instruct a solicitor to do this.


If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,



Customer: replied 6 years ago.
Thank you for your quick reply, Can you just confirm that I am reading this right by saying, the house which is jointly owned by my dad and his partner plus any money that they have in their joint bank account will become her property and anything that is in his name only eg. his car and boat will fall under the intestacy rules and should therefore be divide between my dads children.

Also just to confirm, none of his children predeceased him.



Hi Mark,


The money in the joint bank account will go to her.


His interest in the house will go to her if they hold their interests as joint tenants (see above for how to check), if they do not hold as joint tenants then it will pass under the intestacy rules to his children.


Anything that is in his sole name will pass under the intestacy rules.


I hope this clarifies, if so please kindly click accept.


Kind regards,



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