Title: What happens to a deceased person's money and possessions?
Headings: What happens to a deceased person's money and possessions?
What happens to a deceased person's money and possessions?
Introduction
Money in the bank, insurance policies and savings
Bank accounts in joint names
Credit union accounts
Occupational and personal pensions
The legal right share
Where a legal right share does not apply
Divorce, separation and desertion
Cohabiting partners
Rights of children under a will
The family or shared home
What happens when there is no will?

Content: Divorced people and those whose civil partnership has been dissolved may have access to some part of the pension scheme depending on whether or not a pension adjustment order was made at the time of the divorce or dissolution. The legal right share
If you have left a will, and your spouse or civil partner has never renounced or given up their rights to your estate, then they are entitled to a legal right share of your estate. This legal right share is: One-half of your estate if you do not have children
One-third of your estate if you do have children
Your spouse/civil partner does not have to go to court to get this share, as your executor must give this share where applicable. If you leave a gift to your spouse or civil partner in your will, they can choose to accept the gift instead of their legal right share or they can insist on their legal right share (and the specific gift as part of that legal right share, if it is of less value than the legal right share). Your executor must inform your spouse or civil partner in writing of their right to choose between these two options and your spouse or civil partner must ask for their legal right share within 6 months of being notified, or within 12 months of the taking out of the Grant of Representation. Where a legal right share does not apply
Your spouse or civil partner can renounce (give up) their rights to the legal right share. This can be part of an agreement before marriage or civil partnership or the spouse or civil partner can give up their rights to benefit their children or other named beneficiaries. If there is evidence of undue influence or evidence that the spouse or civil partner did not understand what they were doing, the renunciation may be challenged. It is normally advised that a spouse or civil partner get independent legal advice if renouncing their legal right share.