• Transfer. Of Ownership

    By Guest on 24th Aug 2016

    My daughters husband recently died without leaving a will. Their home is in his name only. Does my daughter automatically own the property now or is some sort of legal procedure necessary?

  • 2 Answers

    By Guest on 25/08/2016

    Intestacy rules will apply in the absence of a will and it will depend on the property value to give a definite answer

  • By Guest on 28/08/2016

    If your daughter's husband had no children then she will receive all of his estate. If he did have children then it depends on the value of the estate but she will receive the first £250,000. There does remain a possibility that someone else could make a claim on the estate under the Inheritance (Provision for Family and Dependents) Act 1974. In order for your daughter to become the legal owner she will need to apply to be appointed as administrator of her late husband's estate and she can then (if she is entitled) transfer the property to herself by way of an assent. If there is a mortgage on the property then it may need to be sold to repay the mortgage. She should speak to probate solicitor.

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