• Lodger with deceased intestate landlord

    From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Feb 23 09:36:17 2026
    From Newsgroup: uk.legal.moderated

    A bit of an edge case, but I suspect I'm aware of one.

    Home owner has a lodger, maybe even one not paying regular rent. Home
    owner passes away quite suddenly, and is immediately known to be
    intestate.

    Who secures the property for the eventual beneficiaries, and does the
    lodger have to quit immediately? Rather than squat there and drink the contents of the wine cellar etc.
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Simon Parker@simonparkerulm@gmail.com to uk.legal.moderated on Mon Feb 23 11:10:46 2026
    From Newsgroup: uk.legal.moderated

    On 23/02/2026 09:36, Roland Perry wrote:
    A bit of an edge case, but I suspect I'm aware of one.

    Home owner has a lodger, maybe even one not paying regular rent. Home
    owner passes away quite suddenly, and is immediately known to be intestate.

    Who secures the property for the eventual beneficiaries, and does the
    lodger have to quit immediately? Rather than squat there and drink the contents of the wine cellar etc.

    First and foremost, the previous agreement between the resident landlord
    and lodger continues, despite the death of the former. It is not automatically terminated.

    If there are specific provisions in the lodger agreement stipulating
    what happens in the event that the resident landlord dies then such
    provisions will be triggered.

    I do not know to which side of the equation your query relates, so will
    try to cover both sides as far as practicable.

    The next of kin (NoK) needs to apply for "letters of administration" to
    become the personal representative (PR).

    The NoK should inform the lodger of the need to continue paying rent,
    per the agreement, and that the lodger should set aside the rent money
    in a separate account until the NoK is formally appointed as PR at which
    point the PR will issue a formal demand for outstanding rent.

    Once appointed, the PR is responsible for repairs, but this can be
    complicated by the time required for the appointment to be made. In the interim period, the NoK may wish to undertake necessary repairs to be reimbursed later once formally appointed as PR.

    Title to the house will pass according to the rules of intestacy. Once formally appointed, the PR can give the lodger "reasonable notice" to
    leave, typically equivalent to the rental payment period.

    Usually, a lodger is classed as an "excluded occupier" which means they
    have only limited protection under the Protection from Eviction Act 1977.

    However, the lodger is not required to move out immediately following
    the death of the resident landlord and can demand to see both ID and
    legal documentation proving that the PR is authorised to act on behalf
    of the estate before accepting reasonable notice to leave.

    The lodger should document all communication with the deceased resident landlord, NoK and PR, plus be prepared to produce a record of all
    payments made to the landlord and PR.

    Hope that helps?

    Regards

    S.P.

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  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Feb 24 08:58:05 2026
    From Newsgroup: uk.legal.moderated

    In message <n02qtnF5peqU1@mid.individual.net>, at 11:10:46 on Mon, 23
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 23/02/2026 09:36, Roland Perry wrote:
    A bit of an edge case, but I suspect I'm aware of one.
    Home owner has a lodger, maybe even one not paying regular rent.
    Home owner passes away quite suddenly, and is immediately known to be >>intestate.
    Who secures the property for the eventual beneficiaries, and does
    the lodger have to quit immediately? Rather than squat there and
    drink the contents of the wine cellar etc.

    First and foremost, the previous agreement between the resident
    landlord and lodger continues, despite the death of the former. It is
    not automatically terminated.

    An entirely verbal agreement.

    If there are specific provisions in the lodger agreement stipulating
    what happens in the event that the resident landlord dies then such >provisions will be triggered.

    I do not know to which side of the equation your query relates, so will
    try to cover both sides as far as practicable.

    The next of kin (NoK) needs to apply for "letters of administration" to >become the personal representative (PR).

    The NoK should inform the lodger of the need to continue paying rent,
    per the agreement, and that the lodger should set aside the rent money
    in a separate account until the NoK is formally appointed as PR at
    which point the PR will issue a formal demand for outstanding rent.

    In the case I have in mind the lodger is also the NoK, but only since a
    week before the landlord's death. No paperwork done that week (couldn't
    find anyone to assist).

    Once appointed,

    Which was about a year later.

    the PR is responsible for repairs, but this can be complicated by the
    time required for the appointment to be made. In the interim period,
    the NoK may wish to undertake necessary repairs to be reimbursed later
    once formally appointed as PR.

    Title to the house will pass according to the rules of intestacy. Once >formally appointed, the PR can give the lodger "reasonable notice" to
    leave, typically equivalent to the rental payment period.

    There was no rental payment, as such.

    Usually, a lodger is classed as an "excluded occupier" which means they
    have only limited protection under the Protection from Eviction Act
    1977.

    However, the lodger is not required to move out immediately following
    the death of the resident landlord and can demand to see both ID and
    legal documentation proving that the PR is authorised to act on behalf
    of the estate before accepting reasonable notice to leave.

    The lodger should document all communication with the deceased resident >landlord, NoK and PR, plus be prepared to produce a record of all
    payments made to the landlord and PR.

    Given the lodger, NoK, and eventual PR are all the same person...

    But no payments made anyway.

    Let's try a different question: once the landlord dies, should the
    lodger pay market rent into escrow, in case in the fullness of time the beneficiary doesn't turn out to be them? And do they have to log the
    wine they've drunk.

    Hope that helps?

    Yes, in the snse that it convinces me it's even more of an edge case.
    --
    Roland Perry

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  • From Jethro@jethro_UK@hotmailbin.com to uk.legal.moderated on Tue Feb 24 18:11:56 2026
    From Newsgroup: uk.legal.moderated

    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home
    from the hospital". Doesn't even need to be a relative. My NoK is my girlfriend.

    Seems I dont' have a NoK then.

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  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Tue Feb 24 20:49:55 2026
    From Newsgroup: uk.legal.moderated

    On 24 Feb 2026 at 17:30:39 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue, 24
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:
    The next of kin (NoK) needs to apply for "letters of administration"
    to become the personal representative (PR).

    The NoK should inform the lodger of the need to continue paying
    rent, per the agreement, and that the lodger should set aside the
    rent money in a separate account until the NoK is formally appointed
    as PR at which point the PR will issue a formal demand for outstanding rent.

    In the case I have in mind the lodger is also the NoK, but only
    since a week before the landlord's death. No paperwork done that week
    (couldn't find anyone to assist).

    Eh? How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    NoK is not an appointed position but one that comes from actually being
    the closest related person, as the name suggests.

    Actually, the NHS's definition of NoK is "someone who can drive you home
    from the hospital". Doesn't even need to be a relative. My NoK is my girlfriend.

    Perhaps unsurprisingly, the definition of NoK the NHS uses for general hospitals is totally unrelated to the NoK defined for compulsorily admitted psychiatric patients, and again unrelated to rights of inheritance under intestacy rules. You are not surely one of those that believes a word can only be understood when the writer of a concise dictionary tells you what it should mean?






    Instead of drip-feeding information, as seems unfortunately usual,
    please tell us what relation the lodger was to the deceased.

    For perhaps 50yrs a friend, and for one week a spouse. Lodger also has
    two houses of their own, one of which I expect is their formal permanent residence, but was a roughly 50% lodger in the landlord's house.

    Once appointed,
    Which was about a year later.

    So, he is now the official personal representative of the deceased?
    Please confirm.

    Yes. And being the spouse is now the beneficiary of the intestate
    estate. But for about a year no-one had yet been appointed as PR.

    the PR is responsible for repairs, but this can be complicated by
    the time required for the appointment to be made. In the interim
    period, the NoK may wish to undertake necessary repairs to be
    reimbursed later once formally appointed as PR.

    Title to the house will pass according to the rules of intestacy.
    Once formally appointed, the PR can give the lodger "reasonable
    notice" to leave, typically equivalent to the rental payment period.

    If the personal representative is the next-of-kin, ie closely related
    to the deceased, it is likely that the intestacy rules mean he is a
    beneficiary of the estate. So, he won't be giving himself notice to
    quit.

    Once they *are* the PR, I agree. It's the previous year I'm interested
    in.

    There was no rental payment, as such.

    Usually, a lodger is classed as an "excluded occupier" which means
    they have only limited protection under the Protection from Eviction
    Act 1977.

    However, the lodger is not required to move out immediately
    following the death of the resident landlord and can demand to see
    both ID and legal documentation proving that the PR is authorised to
    act on behalf of the estate before accepting reasonable notice to leave. >>>>
    The lodger should document all communication with the deceased
    resident landlord, NoK and PR, plus be prepared to produce a record
    of all payments made to the landlord and PR.

    Given the lodger, NoK, and eventual PR are all the same person...

    'eventual'? You said above he was appointed, apparently as PR, about a
    year later.

    Yes, they weren't appointed on the landlords death, or the day after, or
    the day after that. Eventually(sic) a year later.

    But no payments made anyway.
    Let's try a different question: once the landlord dies, should the
    lodger pay market rent into escrow, in case in the fullness of time
    the beneficiary doesn't turn out to be them? And do they have to log
    the wine they've drunk.

    It all depends on the circumstances, which you need to clarify.
    --
    Roger Hayter

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  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Wed Feb 25 07:16:49 2026
    From Newsgroup: uk.legal.moderated

    In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb
    2026, Jethro <jethro_UK@hotmailbin.com> remarked:
    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home
    from the hospital". Doesn't even need to be a relative. My NoK is my
    girlfriend.

    Seems I dont' have a NoK then.

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking
    about NoK, because it's convenient for them to "pass the buck" when it
    suits them. Can also be a kind of informal PoA, with an extra layer of consent, to discuss medical matters and make simple decisions.
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Wed Feb 25 07:32:53 2026
    From Newsgroup: uk.legal.moderated

    In message <6619525276.8188584a@uninhabited.net>, at 20:49:55 on Tue, 24
    Feb 2026, Roger Hayter <roger@hayter.org> remarked:
    On 24 Feb 2026 at 17:30:39 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue, 24
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:
    The next of kin (NoK) needs to apply for "letters of administration" >>>>> to become the personal representative (PR).

    The NoK should inform the lodger of the need to continue paying
    rent, per the agreement, and that the lodger should set aside the
    rent money in a separate account until the NoK is formally appointed >>>>> as PR at which point the PR will issue a formal demand for >>>>>outstanding rent.

    In the case I have in mind the lodger is also the NoK, but only
    since a week before the landlord's death. No paperwork done that week >>>> (couldn't find anyone to assist).

    Eh? How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    NoK is not an appointed position but one that comes from actually being
    the closest related person, as the name suggests.

    Actually, the NHS's definition of NoK is "someone who can drive you home
    from the hospital". Doesn't even need to be a relative. My NoK is my
    girlfriend.

    Perhaps unsurprisingly, the definition of NoK the NHS uses for general >hospitals is totally unrelated to the NoK defined for compulsorily admitted >psychiatric patients, and again unrelated to rights of inheritance under >intestacy rules. You are not surely one of those that believes a word can only >be understood when the writer of a concise dictionary tells you what it should >mean?

    Not at all, but it came as a bit of surprise that the NHS needed
    (essentially GDPR nee DPA) forms filling in to discuss routine test
    results with a person's spouse. Such as for example "I'm sending my
    husband round to pick up my blood test results, can you print them out
    have them ready for him", turns into "only if you fill in and sign this
    form".

    I have a friend who was recently released from hospital (yes, I drove)
    and had carers coming in three times a day. Sometimes I'd stay overnight
    at his place, sometimes mine. *Despite* doing the paperwork, if I
    arrived mid morning and asked the carers what they'd given him for
    breakfast they'd refuse to say. Only asking so I didn't make exactly the
    same thing for lunch. (He'd most likely be asleep, so I couldn't ask
    him).

    Probing their HQ, the best excuse they could come up with was that the
    form to fill in had to be *their* form, on *their* paper, and giving
    them a form we'd done with the GP, and crossing out the GP's name and substitutiing theirs, re-signed and re-dated, wasn't sufficient.

    So I got one of theirs, had them observe the patient signing it (he was
    as fed up as I was), and asked them to confirm that, by countersigning
    it themselves, as belt and braces But they refused, saying that wasn't
    in their job description.

    At that point I gave up, and added the episode to my list of "because of
    Data Protection" anecdotes.
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Wed Feb 25 10:41:19 2026
    From Newsgroup: uk.legal.moderated

    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb
    2026, Jethro <jethro_UK@hotmailbin.com> remarked:
    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home >>> from the hospital". Doesn't even need to be a relative. My NoK is my
    girlfriend.

    Seems I dont' have a NoK then.

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking
    about NoK, because it's convenient for them to "pass the buck" when it
    suits them. Can also be a kind of informal PoA, with an extra layer of consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking staff/customers who should be informed in the event of misadventure since forever. All that has changed in recent decades is that the right of the patient to nominate absolutely who they like, and not necessarily their nearest relative, has been clarified by NHS management, in light of a more liberal attitude to human rights generally in society. I am really not sure if there was ever any actual law on the subject. Does anyone know?

    (For compulsory admission to mental hospitals there *is* actual law on the subject.)
    --

    Roger Hayter

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Jethro@jethro_UK@hotmailbin.com to uk.legal.moderated on Wed Feb 25 09:46:25 2026
    From Newsgroup: uk.legal.moderated

    On Wed, 25 Feb 2026 07:32:53 +0000, Roland Perry wrote:

    In message <6619525276.8188584a@uninhabited.net>, at 20:49:55 on Tue, 24
    Feb 2026, Roger Hayter <roger@hayter.org> remarked:
    [quoted text muted]

    Not at all, but it came as a bit of surprise that the NHS needed
    (essentially GDPR nee DPA) forms filling in to discuss routine test
    results with a person's spouse. Such as for example "I'm sending my
    husband round to pick up my blood test results, can you print them out
    have them ready for him", turns into "only if you fill in and sign this form".

    And yet at a recent eye test, I was able to hear every single detail of
    the patient next to me who was having the same procedure (field tests).
    More than enough to pass a basic security check.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Wed Feb 25 11:34:00 2026
    From Newsgroup: uk.legal.moderated

    On 25/02/2026 10:41, Roger Hayter wrote:
    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb
    2026, Jethro <jethro_UK@hotmailbin.com> remarked:
    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home >>>> from the hospital". Doesn't even need to be a relative. My NoK is my
    girlfriend.

    Seems I dont' have a NoK then.

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking
    about NoK, because it's convenient for them to "pass the buck" when it
    suits them. Can also be a kind of informal PoA, with an extra layer of
    consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking staff/customers who should be informed in the event of misadventure since forever. All that has changed in recent decades is that the right of the patient to nominate absolutely who they like, and not necessarily their nearest relative, has been
    clarified by NHS management, in light of a more liberal attitude to human rights generally in society. I am really not sure if there was ever any actual
    law on the subject. Does anyone know?

    Not as regards the NHS it doesn't matter. They only need an emergency
    contact who will not be making any legal decisions.

    In connection with a death or inheritance matters the next-of-kin has
    certain legal responsibilities, and that person is the closest living
    blood relative.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Wed Feb 25 11:24:15 2026
    From Newsgroup: uk.legal.moderated

    On 25 Feb 2026 at 07:32:53 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <6619525276.8188584a@uninhabited.net>, at 20:49:55 on Tue, 24
    Feb 2026, Roger Hayter <roger@hayter.org> remarked:
    On 24 Feb 2026 at 17:30:39 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue, 24
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:
    The next of kin (NoK) needs to apply for "letters of administration" >>>>>> to become the personal representative (PR).

    The NoK should inform the lodger of the need to continue paying
    rent, per the agreement, and that the lodger should set aside the >>>>>> rent money in a separate account until the NoK is formally appointed >>>>>> as PR at which point the PR will issue a formal demand for
    outstanding rent.

    In the case I have in mind the lodger is also the NoK, but only
    since a week before the landlord's death. No paperwork done that week >>>>> (couldn't find anyone to assist).

    Eh? How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    NoK is not an appointed position but one that comes from actually being >>>> the closest related person, as the name suggests.

    Actually, the NHS's definition of NoK is "someone who can drive you home >>> from the hospital". Doesn't even need to be a relative. My NoK is my
    girlfriend.

    Perhaps unsurprisingly, the definition of NoK the NHS uses for general
    hospitals is totally unrelated to the NoK defined for compulsorily admitted >> psychiatric patients, and again unrelated to rights of inheritance under
    intestacy rules. You are not surely one of those that believes a word can only
    be understood when the writer of a concise dictionary tells you what it should
    mean?

    Not at all, but it came as a bit of surprise that the NHS needed
    (essentially GDPR nee DPA) forms filling in to discuss routine test
    results with a person's spouse. Such as for example "I'm sending my
    husband round to pick up my blood test results, can you print them out
    have them ready for him", turns into "only if you fill in and sign this form".

    I have a friend who was recently released from hospital (yes, I drove)
    and had carers coming in three times a day. Sometimes I'd stay overnight
    at his place, sometimes mine. *Despite* doing the paperwork, if I
    arrived mid morning and asked the carers what they'd given him for
    breakfast they'd refuse to say. Only asking so I didn't make exactly the
    same thing for lunch. (He'd most likely be asleep, so I couldn't ask
    him).

    Probing their HQ, the best excuse they could come up with was that the
    form to fill in had to be *their* form, on *their* paper, and giving
    them a form we'd done with the GP, and crossing out the GP's name and substitutiing theirs, re-signed and re-dated, wasn't sufficient.

    So I got one of theirs, had them observe the patient signing it (he was
    as fed up as I was), and asked them to confirm that, by countersigning
    it themselves, as belt and braces But they refused, saying that wasn't
    in their job description.

    At that point I gave up, and added the episode to my list of "because of
    Data Protection" anecdotes.

    The ability of the human mind to compartmentalise is astounding. My understanding is that you have been quite close to the campaigns against domestic violence and coercive control that directly led to this kind of policy. And rightly so; it was in fact a win for those campaigns. (Exploitation and control can by other relatives and friends, not just spouses.)
    --

    Roger Hayter

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Wed Feb 25 14:51:08 2026
    From Newsgroup: uk.legal.moderated

    In message <1865524270.5b490ec6@uninhabited.net>, at 11:24:15 on Wed, 25
    Feb 2026, Roger Hayter <roger@hayter.org> remarked:
    On 25 Feb 2026 at 07:32:53 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <6619525276.8188584a@uninhabited.net>, at 20:49:55 on Tue, 24
    Feb 2026, Roger Hayter <roger@hayter.org> remarked:
    On 24 Feb 2026 at 17:30:39 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue, 24
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:
    The next of kin (NoK) needs to apply for "letters of administration" >>>>>>> to become the personal representative (PR).

    The NoK should inform the lodger of the need to continue paying
    rent, per the agreement, and that the lodger should set aside the >>>>>>> rent money in a separate account until the NoK is formally appointed >>>>>>> as PR at which point the PR will issue a formal demand for
    outstanding rent.

    In the case I have in mind the lodger is also the NoK, but only
    since a week before the landlord's death. No paperwork done that week >>>>>> (couldn't find anyone to assist).

    Eh? How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    NoK is not an appointed position but one that comes from actually being >>>>> the closest related person, as the name suggests.

    Actually, the NHS's definition of NoK is "someone who can drive you home >>>> from the hospital". Doesn't even need to be a relative. My NoK is my
    girlfriend.

    Perhaps unsurprisingly, the definition of NoK the NHS uses for general
    hospitals is totally unrelated to the NoK defined for compulsorily admitted >>> psychiatric patients, and again unrelated to rights of inheritance under >>> intestacy rules. You are not surely one of those that believes a
    word can only
    be understood when the writer of a concise dictionary tells you what
    it should
    mean?

    Not at all, but it came as a bit of surprise that the NHS needed
    (essentially GDPR nee DPA) forms filling in to discuss routine test
    results with a person's spouse. Such as for example "I'm sending my
    husband round to pick up my blood test results, can you print them out
    have them ready for him", turns into "only if you fill in and sign this
    form".

    I have a friend who was recently released from hospital (yes, I drove)
    and had carers coming in three times a day. Sometimes I'd stay overnight
    at his place, sometimes mine. *Despite* doing the paperwork, if I
    arrived mid morning and asked the carers what they'd given him for
    breakfast they'd refuse to say. Only asking so I didn't make exactly the
    same thing for lunch. (He'd most likely be asleep, so I couldn't ask
    him).

    Probing their HQ, the best excuse they could come up with was that the
    form to fill in had to be *their* form, on *their* paper, and giving
    them a form we'd done with the GP, and crossing out the GP's name and
    substitutiing theirs, re-signed and re-dated, wasn't sufficient.

    So I got one of theirs, had them observe the patient signing it (he was
    as fed up as I was), and asked them to confirm that, by countersigning
    it themselves, as belt and braces But they refused, saying that wasn't
    in their job description.

    At that point I gave up, and added the episode to my list of "because of
    Data Protection" anecdotes.

    The ability of the human mind to compartmentalise is astounding. My >understanding is that you have been quite close to the campaigns against >domestic violence and coercive control that directly led to this kind of >policy. And rightly so; it was in fact a win for those campaigns. >(Exploitation and control can by other relatives and friends, not just >spouses.)

    My experience is that the perpetrators prefer to hide in the shadows,
    and not leave quite as obvious an audit trail as the forms under
    discussion.
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Martin Harran@martinharran@gmail.com to uk.legal.moderated on Thu Feb 26 06:58:08 2026
    From Newsgroup: uk.legal.moderated

    On Wed, 25 Feb 2026 11:34:00 +0000, Norman Wells <hex@unseen.ac.am>
    wrote:

    On 25/02/2026 10:41, Roger Hayter wrote:
    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb
    2026, Jethro <jethro_UK@hotmailbin.com> remarked:
    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home >>>>> from the hospital". Doesn't even need to be a relative. My NoK is my >>>>> girlfriend.

    Seems I dont' have a NoK then.

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking
    about NoK, because it's convenient for them to "pass the buck" when it
    suits them. Can also be a kind of informal PoA, with an extra layer of
    consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking staff/customers who
    should be informed in the event of misadventure since forever. All that has >> changed in recent decades is that the right of the patient to nominate
    absolutely who they like, and not necessarily their nearest relative, has been
    clarified by NHS management, in light of a more liberal attitude to human
    rights generally in society. I am really not sure if there was ever any actual
    law on the subject. Does anyone know?

    Not as regards the NHS it doesn't matter. They only need an emergency >contact who will not be making any legal decisions.

    Is implementing a DNR (in the absence of a predeclared one by the
    patient) or turning off life support not a legal decision?


    In connection with a death or inheritance matters the next-of-kin has >certain legal responsibilities, and that person is the closest living
    blood relative.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Thu Feb 26 10:13:20 2026
    From Newsgroup: uk.legal.moderated

    On 26 Feb 2026 at 06:58:08 GMT, "Martin Harran" <martinharran@gmail.com>
    wrote:

    On Wed, 25 Feb 2026 11:34:00 +0000, Norman Wells <hex@unseen.ac.am>
    wrote:

    On 25/02/2026 10:41, Roger Hayter wrote:
    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb >>>> 2026, Jethro <jethro_UK@hotmailbin.com> remarked:
    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home >>>>>> from the hospital". Doesn't even need to be a relative. My NoK is my >>>>>> girlfriend.

    Seems I dont' have a NoK then.

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking >>>> about NoK, because it's convenient for them to "pass the buck" when it >>>> suits them. Can also be a kind of informal PoA, with an extra layer of >>>> consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking staff/customers who
    should be informed in the event of misadventure since forever. All that has >>> changed in recent decades is that the right of the patient to nominate
    absolutely who they like, and not necessarily their nearest relative, has been
    clarified by NHS management, in light of a more liberal attitude to human >>> rights generally in society. I am really not sure if there was ever any actual
    law on the subject. Does anyone know?

    Not as regards the NHS it doesn't matter. They only need an emergency
    contact who will not be making any legal decisions.

    Is implementing a DNR (in the absence of a predeclared one by the
    patient) or turning off life support not a legal decision?



    Legally speaking those decisions are made by doctors informed by relatives' information as to what the *patient*, not the relative, would have wished. Both these important legal qualifications may be somewhat blurred in practice, but this is the legal situation.




    In connection with a death or inheritance matters the next-of-kin has
    certain legal responsibilities, and that person is the closest living
    blood relative.
    --
    Roger Hayter

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Martin Harran@martinharran@gmail.com to uk.legal.moderated on Thu Feb 26 14:27:13 2026
    From Newsgroup: uk.legal.moderated

    On 26 Feb 2026 10:13:20 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 26 Feb 2026 at 06:58:08 GMT, "Martin Harran" <martinharran@gmail.com> >wrote:

    On Wed, 25 Feb 2026 11:34:00 +0000, Norman Wells <hex@unseen.ac.am>
    wrote:

    On 25/02/2026 10:41, Roger Hayter wrote:
    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>
    In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb >>>>> 2026, Jethro <jethro_UK@hotmailbin.com> remarked:
    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home
    from the hospital". Doesn't even need to be a relative. My NoK is my >>>>>>> girlfriend.

    Seems I dont' have a NoK then.

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking >>>>> about NoK, because it's convenient for them to "pass the buck" when it >>>>> suits them. Can also be a kind of informal PoA, with an extra layer of >>>>> consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking staff/customers who
    should be informed in the event of misadventure since forever. All that has
    changed in recent decades is that the right of the patient to nominate >>>> absolutely who they like, and not necessarily their nearest relative, has been
    clarified by NHS management, in light of a more liberal attitude to human >>>> rights generally in society. I am really not sure if there was ever any actual
    law on the subject. Does anyone know?

    Not as regards the NHS it doesn't matter. They only need an emergency
    contact who will not be making any legal decisions.

    Is implementing a DNR (in the absence of a predeclared one by the
    patient) or turning off life support not a legal decision?



    Legally speaking those decisions are made by doctors informed by relatives' >information as to what the *patient*, not the relative, would have wished.

    Relative or NOK as hospital recognises them or emerency contact as
    Norman puts it)?

    Both these important legal qualifications may be somewhat blurred in practice, >but this is the legal situation.




    In connection with a death or inheritance matters the next-of-kin has
    certain legal responsibilities, and that person is the closest living
    blood relative.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Thu Feb 26 15:25:28 2026
    From Newsgroup: uk.legal.moderated

    On 26 Feb 2026 at 14:27:13 GMT, "Martin Harran" <martinharran@gmail.com>
    wrote:

    On 26 Feb 2026 10:13:20 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 26 Feb 2026 at 06:58:08 GMT, "Martin Harran" <martinharran@gmail.com>
    wrote:

    On Wed, 25 Feb 2026 11:34:00 +0000, Norman Wells <hex@unseen.ac.am>
    wrote:

    On 25/02/2026 10:41, Roger Hayter wrote:
    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>>
    In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb >>>>>> 2026, Jethro <jethro_UK@hotmailbin.com> remarked:
    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home
    from the hospital". Doesn't even need to be a relative. My NoK is my >>>>>>>> girlfriend.

    Seems I dont' have a NoK then.

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking >>>>>> about NoK, because it's convenient for them to "pass the buck" when it >>>>>> suits them. Can also be a kind of informal PoA, with an extra layer of >>>>>> consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking staff/customers who
    should be informed in the event of misadventure since forever. All that has
    changed in recent decades is that the right of the patient to nominate >>>>> absolutely who they like, and not necessarily their nearest relative, has been
    clarified by NHS management, in light of a more liberal attitude to human >>>>> rights generally in society. I am really not sure if there was ever any actual
    law on the subject. Does anyone know?

    Not as regards the NHS it doesn't matter. They only need an emergency >>>> contact who will not be making any legal decisions.

    Is implementing a DNR (in the absence of a predeclared one by the
    patient) or turning off life support not a legal decision?



    Legally speaking those decisions are made by doctors informed by relatives' >> information as to what the *patient*, not the relative, would have wished.

    Relative or NOK as hospital recognises them or emerency contact as
    Norman puts it)?

    Generally some emphasis on the person the patient has named as primary contact ("NoK"), but any relative the patient has not specifically asked to be excluded.



    Both these important legal qualifications may be somewhat blurred in practice,
    but this is the legal situation.




    In connection with a death or inheritance matters the next-of-kin has
    certain legal responsibilities, and that person is the closest living
    blood relative.
    --
    Roger Hayter

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Thu Feb 26 14:53:30 2026
    From Newsgroup: uk.legal.moderated

    On 26/02/2026 14:27, Martin Harran wrote:
    On 26 Feb 2026 10:13:20 GMT, Roger Hayter <roger@hayter.org> wrote:
    On 26 Feb 2026 at 06:58:08 GMT, "Martin Harran" <martinharran@gmail.com>
    wrote:
    On Wed, 25 Feb 2026 11:34:00 +0000, Norman Wells <hex@unseen.ac.am>
    wrote:
    On 25/02/2026 10:41, Roger Hayter wrote:
    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>>> In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking >>>>>> about NoK, because it's convenient for them to "pass the buck" when it >>>>>> suits them. Can also be a kind of informal PoA, with an extra layer of >>>>>> consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking staff/customers who
    should be informed in the event of misadventure since forever. All that has
    changed in recent decades is that the right of the patient to nominate >>>>> absolutely who they like, and not necessarily their nearest relative, has been
    clarified by NHS management, in light of a more liberal attitude to human >>>>> rights generally in society. I am really not sure if there was ever any actual
    law on the subject. Does anyone know?

    Not as regards the NHS it doesn't matter. They only need an emergency >>>> contact who will not be making any legal decisions.

    Is implementing a DNR (in the absence of a predeclared one by the
    patient) or turning off life support not a legal decision?

    Legally speaking those decisions are made by doctors informed by relatives' >> information as to what the *patient*, not the relative, would have wished.

    Relative or NOK as hospital recognises them or emerency contact as
    Norman puts it)?

    As Mr Hayter says, it's the relatives who advise, the doctors who
    decide. The next-of-kin does not decide, nor does any relative
    individually.



    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Thu Feb 26 16:54:49 2026
    From Newsgroup: uk.legal.moderated

    On 26 Feb 2026 at 14:53:30 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 26/02/2026 14:27, Martin Harran wrote:
    On 26 Feb 2026 10:13:20 GMT, Roger Hayter <roger@hayter.org> wrote:
    On 26 Feb 2026 at 06:58:08 GMT, "Martin Harran" <martinharran@gmail.com> >>> wrote:
    On Wed, 25 Feb 2026 11:34:00 +0000, Norman Wells <hex@unseen.ac.am>
    wrote:
    On 25/02/2026 10:41, Roger Hayter wrote:
    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>>>> In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking >>>>>>> about NoK, because it's convenient for them to "pass the buck" when it >>>>>>> suits them. Can also be a kind of informal PoA, with an extra layer of >>>>>>> consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking staff/customers who
    should be informed in the event of misadventure since forever. All that has
    changed in recent decades is that the right of the patient to nominate >>>>>> absolutely who they like, and not necessarily their nearest relative, has been
    clarified by NHS management, in light of a more liberal attitude to human
    rights generally in society. I am really not sure if there was ever any actual
    law on the subject. Does anyone know?

    Not as regards the NHS it doesn't matter. They only need an emergency >>>>> contact who will not be making any legal decisions.

    Is implementing a DNR (in the absence of a predeclared one by the
    patient) or turning off life support not a legal decision?

    Legally speaking those decisions are made by doctors informed by relatives' >>> information as to what the *patient*, not the relative, would have wished. >>
    Relative or NOK as hospital recognises them or emerency contact as
    Norman puts it)?

    As Mr Hayter says, it's the relatives who advise, the doctors who
    decide. The next-of-kin does not decide, nor does any relative
    individually.

    Thanks for supporting my explanation.

    However, since this is a legal group, we should mention Advance Directives and Lasting Powers of Attorney for Welfare, both of which have detailed legally-defined scope and limitations.

    The situation you and I have described is that which exists by default when neither of these are in operation.
    --

    Roger Hayter

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Simon Parker@simonparkerulm@gmail.com to uk.legal.moderated on Thu Feb 26 17:22:20 2026
    From Newsgroup: uk.legal.moderated

    On 24/02/2026 08:58, Roland Perry wrote:
    In message <n02qtnF5peqU1@mid.individual.net>, at 11:10:46 on Mon, 23
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 23/02/2026 09:36, Roland Perry wrote:
    A bit of an edge case, but I suspect I'm aware of one.
    -aHome owner has a lodger, maybe even one not paying regular rent.
    Home-a owner passes away quite suddenly, and is immediately known to
    be intestate.
    -aWho secures the property for the eventual beneficiaries, and does
    the-a lodger have to quit immediately? Rather than squat there and
    drink the-a contents of the wine cellar etc.

    First and foremost, the previous agreement between the resident
    landlord and lodger continues, despite the death of the former.-a It is
    not automatically terminated.

    An entirely verbal agreement.

    The verbal agreement made between the landlord and their lodger is still legally binding, but harder to prove. Even more so since I am presuming no=one witnessed the formation of the verbal agreement leaving no-one
    able to state with any certainty what was and was not agreed.

    In any event, as above, it is not automatically terminated by the death
    of the landlord.


    If there are specific provisions in the lodger agreement stipulating
    what happens in the event that the resident landlord dies then such
    provisions will be triggered.

    I do not know to which side of the equation your query relates, so
    will try to cover both sides as far as practicable.

    The next of kin (NoK) needs to apply for "letters of administration"
    to become the personal representative (PR).

    The NoK should inform the lodger of the need to continue paying rent,
    per the agreement, and that the lodger should set aside the rent money
    in a separate account until the NoK is formally appointed as PR at
    which point the PR will issue a formal demand for outstanding rent.

    In the case I have in mind the lodger is also the NoK, but only since a
    week before the landlord's death. No paperwork done that week (couldn't
    find anyone to assist).

    Then if they're the NoK and likely to become the PR why would they
    contemplate an action with their PR head on against themselves with
    their lodger head on?

    Technically, such an action is legally possible but I'm still stuck on why?


    Once appointed,

    Which was about a year later.

    Making a single individual the lodger, NoK and PR.

    What is the precise relationship between the deceased and the lodger /
    Nok / PR?

    What is the approximate value of the estate please and did the deceased
    have any children?

    Was the house owned solely by the deceased, or as joint tenants or as
    tenants in common?

    If you consider the figure confidential, perhaps you would be so good as
    to state whether the deceased had any children, and if so whether the
    estate is likely to be above or below -u322,000 plus answer the question
    about ownership of the property?


    the PR is responsible for repairs, but this can be complicated by the
    time required for the appointment to be made.-a In the interim period,
    the NoK may wish to undertake necessary repairs to be reimbursed later
    once formally appointed as PR.

    Title to the house will pass according to the rules of intestacy.
    Once formally appointed, the PR can give the lodger "reasonable
    notice" to leave, typically equivalent to the rental payment period.

    There was no rental payment, as such.

    Either there was an agreed rental payment, or there wasn't. Legally, it
    is very much a binary choice. "No rental payment, as such." is not a
    valid option, sorry.


    Usually, a lodger is classed as an "excluded occupier" which means
    they have only limited protection under the Protection from Eviction
    Act 1977.

    However, the lodger is not required to move out immediately following
    the death of the resident landlord and can demand to see both ID and
    legal documentation proving that the PR is authorised to act on behalf
    of the estate before accepting reasonable notice to leave.

    The lodger should document all communication with the deceased
    resident landlord, NoK and PR, plus be prepared to produce a record of
    all payments made to the landlord and PR.

    Given the lodger, NoK, and eventual PR are all the same person...

    But no payments made anyway.

    Ever, or only since the death?


    Let's try a different question: once the landlord dies, should the
    lodger pay market rent into escrow, in case in the fullness of time the beneficiary doesn't turn out to be them? And do they have to log the
    wine they've drunk.

    The amount the lodger must pay remains the same after the death of the landlord as it was beforehand. "Market rent" does not enter the
    equation nor does "escrow".

    It may be suggested to the lodger, but is in no way mandated, that they
    set aside the rent money, preferably in a separate account, but this is
    some considerable way short of paying "market rent into escrow".

    Of course, if the lodger states that their verbal agreement with the
    landlord was that, in the event of the landlord's death, the lodger
    would pay market rent for the property into escrow then that is a game
    changer and everything above can be ignored. But, absent such a
    revelation, what I've said stands.


    Hope that helps?

    Yes, in the snse that it convinces me it's even more of an edge case.

    If you are in a position to provide further information it would be
    useful as edge cases may turn on seemingly irrelevant or trivial
    information.

    Regards

    S.P.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Simon Parker@simonparkerulm@gmail.com to uk.legal.moderated on Thu Feb 26 17:24:28 2026
    From Newsgroup: uk.legal.moderated

    On 24/02/2026 17:30, Roland Perry wrote:
    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue, 24
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    -aIn the case I have in mind the lodger is also the NoK, but only
    since a-a week before the landlord's death. No paperwork done that
    week (couldn't-a find anyone to assist).

    Eh?-a How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    The person you have been referring to as a lodger is, in fact, the spouse?

    With respect, it would have been useful if you had led with that fact as
    that is something of a game changer.

    A partner, never mind a spouse, is generally not considered a legal
    lodger, nor can they be recognised as such for tax purposes, (e.g. the Rent-a-Room Scheme).

    A spouse usually has "Home Rights" meaning they have a right to live in
    the matrimonial home, even if they do not own it, or are not on the
    mortgage or tenancy and they cannot be treated as a lodger or evicted
    without a court order.

    Additionally, if the spouse completes Form HR1 to formalise their home
    rights with the Land Registry their interests are protected and the home cannot be sold or mortgaged without their consent.

    It should be noted that home rights do not automatically give the spouse ownership of the property, but it permits them to occupy the home as if
    they were an owner.


    NoK is not an appointed position but one that comes from actually
    being the closest related person, as the name suggests.

    Actually, the NHS's definition of NoK is "someone who can drive you home from the hospital". Doesn't even need to be a relative. My NoK is my girlfriend.

    With the greatest of respect, this is a legal newsgroup not a medical
    one. For the purposes of this discussion, the NHS' definition of NoK is completely irrelevant.

    As far as intestacy is concerned, the NoK is the closest living relative.

    In the instant case, the spouse is the NoK.


    Instead of drip-feeding information, as seems unfortunately usual,
    please tell us what relation the lodger was to the deceased.

    For perhaps 50yrs a friend, and for one week a spouse. Lodger also has
    two houses of their own, one of which I expect is their formal permanent residence, but was a roughly 50% lodger in the landlord's house.

    Regardless of their living arrangements prior to marriage, as soon as
    they married, the spouse ceased being a lodger and the house became
    their matrimonial home with all that this entails (see home rights above).


    So, he is now the official personal representative of the deceased?
    Please confirm.

    Yes. And being the spouse is now the beneficiary of the intestate
    estate. But for about a year no-one had yet been appointed as PR.

    I do not see what difference you think this makes. Perhaps you could
    clarify?


    If the personal representative is the next-of-kin, ie closely related
    to the deceased, it is likely that the intestacy rules mean he is a
    beneficiary of the estate.-a So, he won't be giving himself notice to
    quit.

    Once they *are* the PR, I agree. It's the previous year I'm interested
    in.

    Are you able / willing to say why you're interested in the previous year?

    Regards

    S.P.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From GB@NOTsomeone@microsoft.invalid to uk.legal.moderated on Thu Feb 26 21:20:28 2026
    From Newsgroup: uk.legal.moderated

    On 26/02/2026 17:24, Simon Parker wrote:
    On 24/02/2026 17:30, Roland Perry wrote:
    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue, 24
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    -aIn the case I have in mind the lodger is also the NoK, but only
    since a-a week before the landlord's death. No paperwork done that
    week (couldn't-a find anyone to assist).

    Eh?-a How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    The person you have been referring to as a lodger is, in fact, the spouse?

    With respect, it would have been useful if you had led with that fact as that is something of a game changer.

    A partner, never mind a spouse, is generally not considered a legal
    lodger, nor can they be recognised as such for tax purposes, (e.g. the Rent-a-Room Scheme).

    A spouse usually has "Home Rights" meaning they have a right to live in
    the matrimonial home, even if they do not own it, or are not on the
    mortgage or tenancy and they cannot be treated as a lodger or evicted without a court order.

    Additionally, if the spouse completes Form HR1 to formalise their home rights with the Land Registry their interests are protected and the home cannot be sold or mortgaged without their consent.

    It should be noted that home rights do not automatically give the spouse ownership of the property, but it permits them to occupy the home as if
    they were an owner.

    I am perplexed why the OP presented his question in the way he did. Is
    there any suggestion that the marriage was invalid, perhaps?

    The crucial question is whether there are children of the deceased? If
    there are none, then my understanding of intestacy rules is that the
    spouse scoops the lot. There's no IHT. There's no CGT.

    She needs to get appointed as the PR in order to deal with the Land
    Registry and change the ownership of the house. And, banks and other
    financial institutes may only deal with a PR (above a certain financial
    limit, which varies from bank to bank).

    The bottles of wine in the cellar won't ask questions, and I don't see
    why she needs to get appointed as PR in order to drink her inheritance?







    NoK is not an appointed position but one that comes from actually
    being the closest related person, as the name suggests.

    Actually, the NHS's definition of NoK is "someone who can drive you
    home from the hospital". Doesn't even need to be a relative. My NoK is
    my girlfriend.

    With the greatest of respect, this is a legal newsgroup not a medical
    one.-a For the purposes of this discussion, the NHS' definition of NoK is completely irrelevant.

    As far as intestacy is concerned, the NoK is the closest living relative.

    In the instant case, the spouse is the NoK.


    Instead of drip-feeding information, as seems unfortunately usual,
    please tell us what relation the lodger was to the deceased.

    For perhaps 50yrs a friend, and for one week a spouse. Lodger also has
    two houses of their own, one of which I expect is their formal
    permanent residence, but was a roughly 50% lodger in the landlord's
    house.

    Regardless of their living arrangements prior to marriage, as soon as
    they married, the spouse ceased being a lodger and the house became
    their matrimonial home with all that this entails (see home rights above).


    So, he is now the official personal representative of the deceased?
    Please confirm.

    Yes. And being the spouse is now the beneficiary of the intestate
    estate. But for about a year no-one had yet been appointed as PR.

    I do not see what difference you think this makes.-a Perhaps you could clarify?


    If the personal representative is the next-of-kin, ie closely related
    to the deceased, it is likely that the intestacy rules mean he is a
    beneficiary of the estate.-a So, he won't be giving himself notice to
    quit.

    Once they *are* the PR, I agree. It's the previous year I'm interested
    in.

    Are you able / willing to say why you're interested in the previous year?

    Or, indeed, interested at all?


    Regards

    S.P.



    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Fri Feb 27 10:54:47 2026
    From Newsgroup: uk.legal.moderated

    In message <njrvpkpclq055nv9lv0tvpq6uot01gtn5h@4ax.com>, at 06:58:08 on
    Thu, 26 Feb 2026, Martin Harran <martinharran@gmail.com> remarked:
    On Wed, 25 Feb 2026 11:34:00 +0000, Norman Wells <hex@unseen.ac.am>
    wrote:

    On 25/02/2026 10:41, Roger Hayter wrote:
    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb >>>> 2026, Jethro <jethro_UK@hotmailbin.com> remarked:
    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home >>>>>> from the hospital". Doesn't even need to be a relative. My NoK is my >>>>>> girlfriend.

    Seems I dont' have a NoK then.

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking >>>> about NoK, because it's convenient for them to "pass the buck" when it >>>> suits them. Can also be a kind of informal PoA, with an extra layer of >>>> consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking >>>staff/customers who
    should be informed in the event of misadventure since forever. All that has >>> changed in recent decades is that the right of the patient to nominate
    absolutely who they like, and not necessarily their nearest
    relative, has been
    clarified by NHS management, in light of a more liberal attitude to human >>> rights generally in society. I am really not sure if there was ever
    any actual
    law on the subject. Does anyone know?

    Not as regards the NHS it doesn't matter. They only need an emergency >>contact who will not be making any legal decisions.

    Is implementing a DNR (in the absence of a predeclared one by the
    patient) or turning off life support not a legal decision?

    It is, but not something a random person declared to the NHS to be their NoK-Taxi-driver can take.
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Fri Feb 27 11:51:27 2026
    From Newsgroup: uk.legal.moderated

    In message <n0bdudFgmqhU1@mid.individual.net>, at 17:24:28 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 24/02/2026 17:30, Roland Perry wrote:
    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue, 24
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    aIn the case I have in mind the lodger is also the NoK, but only >>>>since aa week before the landlord's death. No paperwork done that
    week (couldn'ta find anyone to assist).

    Eh?a How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the >>lodger would make things simpler and potentially more tax efficient.

    The person you have been referring to as a lodger is, in fact, the spouse?

    Only for the last week of the landlord's life.

    With respect, it would have been useful if you had led with that fact
    as that is something of a game changer.

    A partner, never mind a spouse, is generally not considered a legal
    lodger, nor can they be recognised as such for tax purposes, (e.g. the >Rent-a-Room Scheme).

    A spouse usually has "Home Rights" meaning they have a right to live in
    the matrimonial home, even if they do not own it, or are not on the
    mortgage or tenancy and they cannot be treated as a lodger or evicted >without a court order.

    And that works if they've only been a spouse (rather than a friend who
    was a lodger) for a week? But my question isn't about eviction, rather
    it's whether rent is due to the intestate estate, in the year before
    said spouse-for-a-week gets appointed as PR, and the months after that
    before probate is obtained naming them as the beneficiary.

    Additionally, if the spouse completes Form HR1 to formalise their home >rights with the Land Registry their interests are protected and the
    home cannot be sold or mortgaged without their consent.

    It should be noted that home rights do not automatically give the
    spouse ownership of the property, but it permits them to occupy the
    home as if they were an owner.

    In the week between the death-bed wedding and the landlord's demise
    (which caught everyone on the hop) no paperwork at all was done.

    NoK is not an appointed position but one that comes from actually
    being the closest related person, as the name suggests.
    Actually, the NHS's definition of NoK is "someone who can drive you
    home from the hospital". Doesn't even need to be a relative. My NoK
    is my girlfriend.

    With the greatest of respect, this is a legal newsgroup not a medical
    one. For the purposes of this discussion, the NHS' definition of NoK
    is completely irrelevant.

    As far as intestacy is concerned, the NoK is the closest living relative.

    In the instant case, the spouse is the NoK.

    But not instantly (in the absence of a will) the PR, nor the owner of
    any of the deceased's property.

    Instead of drip-feeding information, as seems unfortunately usual, >>>please tell us what relation the lodger was to the deceased.

    For perhaps 50yrs a friend, and for one week a spouse. Lodger also
    has two houses of their own, one of which I expect is their formal >>permanent residence, but was a roughly 50% lodger in the landlord's >>house.

    Regardless of their living arrangements prior to marriage, as soon as
    they married, the spouse ceased being a lodger and the house became
    their matrimonial home with all that this entails (see home rights
    above).

    Even without having filed the form?

    So, he is now the official personal representative of the deceased? >>>Please confirm.

    Yes. And being the spouse is now the beneficiary of the intestate >>estate. But for about a year no-one had yet been appointed as PR.

    I do not see what difference you think this makes. Perhaps you could >clarify?

    It's not inevitable that the ex-lodger and instant spouse will be
    appointed PR. Likely, but not inevitable.

    If the personal representative is the next-of-kin, ie closely
    related to the deceased, it is likely that the intestacy rules mean
    he is a beneficiary of the estate.a So, he won't be giving himself >>>notice to quit.

    Once they *are* the PR, I agree. It's the previous year I'm
    interested in.

    Are you able / willing to say why you're interested in the previous year?

    That previous year, between the landlord's death and PR (later there was probate), can the "lodger" squat paying no rental, or should they at
    least be putting it into escrow for whoever eventually gets appointed as
    PR.
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Fri Feb 27 12:03:36 2026
    From Newsgroup: uk.legal.moderated

    In message <n0bdqdFgm9fU1@mid.individual.net>, at 17:22:20 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:

    What is the precise relationship between the deceased and the lodger /
    Nok / PR?

    The lodger was the deceased's spouse for a week, before he died.
    Appointed PR at least a year later.

    What is the approximate value of the estate please and did the deceased
    have any children?

    No children have emerged from the woodwork. The estate is worth about
    u3m.

    Was the house owned solely by the deceased, or as joint tenants or as >tenants in common?

    Solely by the deceased.

    Given the lodger, NoK, and eventual PR are all the same person...
    But no payments made anyway.

    Ever, or only since the death?

    Both.

    Let's try a different question: once the landlord dies, should the
    lodger pay market rent into escrow, in case in the fullness of time
    the beneficiary doesn't turn out to be them? And do they have to log
    the wine they've drunk.

    The amount the lodger must pay remains the same after the death of the >landlord as it was beforehand. "Market rent" does not enter the
    equation nor does "escrow".

    It may be suggested to the lodger, but is in no way mandated, that they
    set aside the rent money, preferably in a separate account, but this is
    some considerable way short of paying "market rent into escrow".

    OK, that clarifies. However a third party appeared offering the estate
    many thousands a month rental, but this was turned down by the
    not-yet-PR. Who continued living there about half the time (and in their
    own properties the other half of the time).
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Fri Feb 27 11:56:16 2026
    From Newsgroup: uk.legal.moderated

    In message <10nqder$1v6uj$1@dont-email.me>, at 21:20:28 on Thu, 26 Feb
    2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 26/02/2026 17:24, Simon Parker wrote:
    On 24/02/2026 17:30, Roland Perry wrote:
    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue,
    24 Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    aIn the case I have in mind the lodger is also the NoK, but only >>>>>since aa week before the landlord's death. No paperwork done that >>>>>week (couldn'ta find anyone to assist).

    Eh?a How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the >>>lodger would make things simpler and potentially more tax efficient.

    The person you have been referring to as a lodger is, in fact, the >>spouse?

    With respect, it would have been useful if you had led with that
    fact as that is something of a game changer.

    A partner, never mind a spouse, is generally not considered a legal >>lodger, nor can they be recognised as such for tax purposes, (e.g. the >>Rent-a-Room Scheme).

    A spouse usually has "Home Rights" meaning they have a right to live
    in the matrimonial home, even if they do not own it, or are not on
    the mortgage or tenancy and they cannot be treated as a lodger or
    evicted without a court order.

    Additionally, if the spouse completes Form HR1 to formalise their
    home rights with the Land Registry their interests are protected and
    the home cannot be sold or mortgaged without their consent.

    It should be noted that home rights do not automatically give the
    spouse ownership of the property, but it permits them to occupy the
    home as if they were an owner.

    I am perplexed why the OP presented his question in the way he did. Is
    there any suggestion that the marriage was invalid, perhaps?

    None at all.

    The crucial question is whether there are children of the deceased? If
    there are none, then my understanding of intestacy rules is that the
    spouse scoops the lot. There's no IHT. There's no CGT.

    I have an idea that the "no IHT" only applies if the house was jointly
    owned, which it wasn't. Being in the sole name of the deceased.

    She needs to get appointed as the PR in order to deal with the Land
    Registry and change the ownership of the house. And, banks and other >financial institutes may only deal with a PR (above a certain financial >limit, which varies from bank to bank).

    Indeed, and that's where the approx a year of limbo arises from.

    The bottles of wine in the cellar won't ask questions, and I don't see
    why she needs to get appointed as PR in order to drink her inheritance?

    Because when drinking during that year+ of limbo, she's not yet been officially declared the beneficiary.

    NoK is not an appointed position but one that comes from actually >>>>being the closest related person, as the name suggests.

    Actually, the NHS's definition of NoK is "someone who can drive you >>>home from the hospital". Doesn't even need to be a relative. My NoK
    is my girlfriend.

    With the greatest of respect, this is a legal newsgroup not a
    medical one.a For the purposes of this discussion, the NHS'
    definition of NoK is completely irrelevant.
    As far as intestacy is concerned, the NoK is the closest living >>relative.
    In the instant case, the spouse is the NoK.

    Instead of drip-feeding information, as seems unfortunately usual, >>>>please tell us what relation the lodger was to the deceased.

    For perhaps 50yrs a friend, and for one week a spouse. Lodger also
    has two houses of their own, one of which I expect is their formal >>>permanent residence, but was a roughly 50% lodger in the landlord's house. >> Regardless of their living arrangements prior to marriage, as soon
    as they married, the spouse ceased being a lodger and the house
    became their matrimonial home with all that this entails (see home
    rights above).

    So, he is now the official personal representative of the deceased? >>>>Please confirm.

    Yes. And being the spouse is now the beneficiary of the intestate >>>estate. But for about a year no-one had yet been appointed as PR.
    I do not see what difference you think this makes.a Perhaps you
    could clarify?

    If the personal representative is the next-of-kin, ie closely
    related to the deceased, it is likely that the intestacy rules mean >>>>he is a beneficiary of the estate.a So, he won't be giving himself >>>>notice to quit.

    Once they *are* the PR, I agree. It's the previous year I'm interested
    in.

    Are you able / willing to say why you're interested in the previous >>year?

    Or, indeed, interested at all?

    It's a set of circumstances which might apply to others, so
    understanding the rules is useful.
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Fri Feb 27 13:33:19 2026
    From Newsgroup: uk.legal.moderated

    On 27 Feb 2026 at 10:54:47 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <njrvpkpclq055nv9lv0tvpq6uot01gtn5h@4ax.com>, at 06:58:08 on
    Thu, 26 Feb 2026, Martin Harran <martinharran@gmail.com> remarked:
    On Wed, 25 Feb 2026 11:34:00 +0000, Norman Wells <hex@unseen.ac.am>
    wrote:

    On 25/02/2026 10:41, Roger Hayter wrote:
    On 25 Feb 2026 at 07:16:49 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>
    In message <10nkplc$3kann$21@dont-email.me>, at 18:11:56 on Tue, 24 Feb >>>>> 2026, Jethro <jethro_UK@hotmailbin.com> remarked:
    On Tue, 24 Feb 2026 17:30:39 +0000, Roland Perry wrote:

    Actually, the NHS's definition of NoK is "someone who can drive you home
    from the hospital". Doesn't even need to be a relative. My NoK is my >>>>>>> girlfriend.

    Seems I dont' have a NoK then.

    Recently (well, maybe the last 20yrs) the NHS has been routinely asking >>>>> about NoK, because it's convenient for them to "pass the buck" when it >>>>> suits them. Can also be a kind of informal PoA, with an extra layer of >>>>> consent, to discuss medical matters and make simple decisions.

    Transport services, armies and hospitals have been asking
    staff/customers who
    should be informed in the event of misadventure since forever. All that has
    changed in recent decades is that the right of the patient to nominate >>>> absolutely who they like, and not necessarily their nearest
    relative, has been
    clarified by NHS management, in light of a more liberal attitude to human >>>> rights generally in society. I am really not sure if there was ever
    any actual
    law on the subject. Does anyone know?

    Not as regards the NHS it doesn't matter. They only need an emergency
    contact who will not be making any legal decisions.

    Is implementing a DNR (in the absence of a predeclared one by the
    patient) or turning off life support not a legal decision?

    It is, but not something a random person declared to the NHS to be their NoK-Taxi-driver can take.

    Nor one that anyone except the doctor can take. But the NoK 'taxi driver' does have status to advise the doctor on the patient's previous wishes, just as
    much as the patient's mother or spouse would have.
    --

    Roger Hayter

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Fri Feb 27 13:39:18 2026
    From Newsgroup: uk.legal.moderated

    On 27 Feb 2026 at 11:56:16 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <10nqder$1v6uj$1@dont-email.me>, at 21:20:28 on Thu, 26 Feb
    2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 26/02/2026 17:24, Simon Parker wrote:
    On 24/02/2026 17:30, Roland Perry wrote:
    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue,
    24 Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    In the case I have in mind the lodger is also the NoK, but only
    since a week before the landlord's death. No paperwork done that
    week (couldn't find anyone to assist).

    Eh? How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    The person you have been referring to as a lodger is, in fact, the
    spouse?

    With respect, it would have been useful if you had led with that
    fact as that is something of a game changer.

    A partner, never mind a spouse, is generally not considered a legal
    lodger, nor can they be recognised as such for tax purposes, (e.g. the
    Rent-a-Room Scheme).

    A spouse usually has "Home Rights" meaning they have a right to live
    in the matrimonial home, even if they do not own it, or are not on
    the mortgage or tenancy and they cannot be treated as a lodger or
    evicted without a court order.

    Additionally, if the spouse completes Form HR1 to formalise their
    home rights with the Land Registry their interests are protected and
    the home cannot be sold or mortgaged without their consent.

    It should be noted that home rights do not automatically give the
    spouse ownership of the property, but it permits them to occupy the
    home as if they were an owner.

    I am perplexed why the OP presented his question in the way he did. Is
    there any suggestion that the marriage was invalid, perhaps?

    None at all.

    The crucial question is whether there are children of the deceased? If
    there are none, then my understanding of intestacy rules is that the
    spouse scoops the lot. There's no IHT. There's no CGT.

    I have an idea that the "no IHT" only applies if the house was jointly
    owned, which it wasn't. Being in the sole name of the deceased.

    Not so. That makes no difference to the spousal IHT relief.



    She needs to get appointed as the PR in order to deal with the Land
    Registry and change the ownership of the house. And, banks and other
    financial institutes may only deal with a PR (above a certain financial
    limit, which varies from bank to bank).

    Indeed, and that's where the approx a year of limbo arises from.

    The bottles of wine in the cellar won't ask questions, and I don't see
    why she needs to get appointed as PR in order to drink her inheritance?

    Because when drinking during that year+ of limbo, she's not yet been officially declared the beneficiary.


    If she knows that she will be entitled to it the most she has to do is record it, in case an entirely unexpected claim on the estate arises.



    NoK is not an appointed position but one that comes from actually
    being the closest related person, as the name suggests.

    Actually, the NHS's definition of NoK is "someone who can drive you
    home from the hospital". Doesn't even need to be a relative. My NoK
    is my girlfriend.

    With the greatest of respect, this is a legal newsgroup not a
    medical one. For the purposes of this discussion, the NHS'
    definition of NoK is completely irrelevant.
    As far as intestacy is concerned, the NoK is the closest living
    relative.
    In the instant case, the spouse is the NoK.

    Instead of drip-feeding information, as seems unfortunately usual,
    please tell us what relation the lodger was to the deceased.

    For perhaps 50yrs a friend, and for one week a spouse. Lodger also
    has two houses of their own, one of which I expect is their formal
    permanent residence, but was a roughly 50% lodger in the landlord's house. >>> Regardless of their living arrangements prior to marriage, as soon
    as they married, the spouse ceased being a lodger and the house
    became their matrimonial home with all that this entails (see home
    rights above).

    So, he is now the official personal representative of the deceased?
    Please confirm.

    Yes. And being the spouse is now the beneficiary of the intestate
    estate. But for about a year no-one had yet been appointed as PR.
    I do not see what difference you think this makes. Perhaps you
    could clarify?

    If the personal representative is the next-of-kin, ie closely
    related to the deceased, it is likely that the intestacy rules mean >>>>> he is a beneficiary of the estate. So, he won't be giving himself
    notice to quit.

    Once they *are* the PR, I agree. It's the previous year I'm interested >>>> in.

    Are you able / willing to say why you're interested in the previous
    year?

    Or, indeed, interested at all?

    It's a set of circumstances which might apply to others, so
    understanding the rules is useful.

    I think it is quite safe for her to treat the estate as her own pending
    Letters of Administration. In similar circumstances I never even needed to get Probate. I'm not worried.
    --

    Roger Hayter

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Fri Feb 27 12:42:02 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 11:51, Roland Perry wrote:
    In message <n0bdudFgmqhU1@mid.individual.net>, at 17:24:28 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 24/02/2026 17:30, Roland Perry wrote:
    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue, 24
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    -aIn the case I have in mind the lodger is also the NoK, but only
    since a-a week before the landlord's death. No paperwork done that
    week (couldn't-a find anyone to assist).

    Eh?-a How did that arise?

    -aLandlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    The person you have been referring to as a lodger is, in fact, the
    spouse?

    Only for the last week of the landlord's life.

    Still, his spouse. It's a thing supposedly for life.

    With respect, it would have been useful if you had led with that fact
    as that is something of a game changer.

    A spouse usually has "Home Rights" meaning they have a right to live
    in the matrimonial home, even if they do not own it, or are not on the
    mortgage or tenancy and they cannot be treated as a lodger or evicted
    without a court order.

    And that works if they've only been a spouse (rather than a friend who
    was a lodger) for a week?

    Yes, of course.

    But my question isn't about eviction, rather
    it's whether rent is due to the intestate estate, in the year before
    said spouse-for-a-week gets appointed as PR, and the months after that before probate is obtained naming them as the beneficiary.

    Additionally, if the spouse completes Form HR1 to formalise their home
    rights with the Land Registry their interests are protected and the
    home cannot be sold or mortgaged without their consent.

    It should be noted that home rights do not automatically give the
    spouse ownership of the property, but it permits them to occupy the
    home as if they were an owner.

    In the week between the death-bed wedding and the landlord's demise
    (which caught everyone on the hop) no paperwork at all was done.

    What 'paperwork' do you have in mind?


    As far as intestacy is concerned, the NoK is the closest living relative.

    In the instant case, the spouse is the NoK.

    But not instantly (in the absence of a will) the PR, nor the owner of
    any of the deceased's property.

    True. That's why she couldn't let it out.

    Instead of drip-feeding information, as seems unfortunately usual,
    please tell us what relation the lodger was to the deceased.

    -aFor perhaps 50yrs a friend, and for one week a spouse. Lodger also
    has-a two houses of their own, one of which I expect is their formal
    permanent-a residence, but was a roughly 50% lodger in the landlord's
    house.

    Regardless of their living arrangements prior to marriage, as soon as
    they married, the spouse ceased being a lodger and the house became
    their matrimonial home with all that this entails (see home rights
    above).

    Even without having filed the form?

    A spouse is a spouse.

    So, he is now the official personal representative of the deceased?
    Please confirm.

    -aYes. And being the spouse is now the beneficiary of the intestate
    estate. But for about a year no-one had yet been appointed as PR.

    I do not see what difference you think this makes.-a Perhaps you could
    clarify?

    It's not inevitable that the ex-lodger and instant spouse will be
    appointed PR. Likely, but not inevitable.

    And why does that concern you exactly? If what you have told us is all
    that is relevant, it's not your estate. You are not a potential
    beneficiary.


    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Fri Feb 27 12:27:55 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 12:03, Roland Perry wrote:
    In message <n0bdqdFgm9fU1@mid.individual.net>, at 17:22:20 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:

    It may be suggested to the lodger,

    'wife'.

    but is in no way mandated, that
    they set aside the rent money, preferably in a separate account, but
    this is some considerable way short of paying "market rent into escrow".

    OK, that clarifies. However a third party appeared offering the estate
    many thousands a month rental, but this was turned down by the not-yet-
    PR.

    She had no right to accept, that's why. Only the appointed PR, which
    she wasn't, has any right to enter into any such agreement on behalf of
    the estate which owns the house.

    Who continued living there about half the time (and in their own
    properties the other half of the time).

    She was his wife. She was entitled to.



    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From GB@NOTsomeone@microsoft.invalid to uk.legal.moderated on Fri Feb 27 14:03:11 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 11:56, Roland Perry wrote:
    In message <10nqder$1v6uj$1@dont-email.me>, at 21:20:28 on Thu, 26 Feb
    2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 26/02/2026 17:24, Simon Parker wrote:
    On 24/02/2026 17:30, Roland Perry wrote:
    In message <n059b4Fhn1vU1@mid.individual.net>, at 09:29:09 on Tue,
    24-a Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    -aIn the case I have in mind the lodger is also the NoK, but only >>>>>> since a-a week before the landlord's death. No paperwork done that >>>>>> week (couldn't-a find anyone to assist).

    Eh?-a How did that arise?

    Landlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    -aThe person you have been referring to as a lodger is, in fact, the
    spouse?

    -aWith respect, it would have been useful if you had led with that
    fact as-a that is something of a game changer.

    -aA partner, never mind a spouse, is generally not considered a legal
    lodger, nor can they be recognised as such for tax purposes, (e.g.
    the Rent-a-Room Scheme).

    -aA spouse usually has "Home Rights" meaning they have a right to live
    in-a the matrimonial home, even if they do not own it, or are not on
    the-a mortgage or tenancy and they cannot be treated as a lodger or
    evicted-a without a court order.

    -aAdditionally, if the spouse completes Form HR1 to formalise their
    home-a rights with the Land Registry their interests are protected and
    the home-a cannot be sold or mortgaged without their consent.

    -aIt should be noted that home rights do not automatically give the
    spouse-a ownership of the property, but it permits them to occupy the
    home as if-a they were an owner.

    I am perplexed why the OP presented his question in the way he did. Is
    there any suggestion that the marriage was invalid, perhaps?

    None at all.

    The crucial question is whether there are children of the deceased? If
    there are none, then my understanding of intestacy rules is that the
    spouse scoops the lot. There's no IHT. There's no CGT.

    I have an idea that the "no IHT" only applies if the house was jointly owned, which it wasn't. Being in the sole name of the deceased.


    I agree with Roger's post.


    She needs to get appointed as the PR in order to deal with the Land
    Registry and change the ownership of the house. And, banks and other
    financial institutes may only deal with a PR (above a certain
    financial limit, which varies from bank to bank).

    Indeed, and that's where the approx a year of limbo arises from.

    If there are significant investments or bank accounts she can only claim
    by being PR, I agree that she should bite the bullet. However, I really
    don't think she's under any obligation to do that, and she can just
    leave the money (her money!) unclaimed.




    The bottles of wine in the cellar won't ask questions, and I don't see
    why she needs to get appointed as PR in order to drink her inheritance?

    Because when drinking during that year+ of limbo, she's not yet been officially declared the beneficiary.

    Is that so? I think she may simply *be* the beneficiary without any
    official declaration. Do you have a reference to support your view?

    Having made the official declaration, does the lady then screw it up and
    throw it in the bin?


    It's a set of circumstances which might apply to others, so
    understanding the rules is useful.

    Indeed.

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Fri Feb 27 14:07:30 2026
    From Newsgroup: uk.legal.moderated

    In message <9955824998.8550eece@uninhabited.net>, at 13:39:18 on Fri, 27
    Feb 2026, Roger Hayter <roger@hayter.org> remarked:

    I have an idea that the "no IHT" only applies if the house was jointly
    owned, which it wasn't. Being in the sole name of the deceased.

    Not so. That makes no difference to the spousal IHT relief.

    AIUI there are numerous exceptions, for example if the spouse's current permanent residence is outside the UK. The house in question is worth
    about half the estate's u3m total value.
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Fri Feb 27 17:59:47 2026
    From Newsgroup: uk.legal.moderated

    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri, 27
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    In the week between the death-bed wedding and the landlord's demise >>(which caught everyone on the hop) no paperwork at all was done.

    What 'paperwork' do you have in mind?

    It would have helped a lot if the deceased had made a new will (the
    previous one being automatically nullified by the wedding) and also put
    the house into joint names, rather than his sole name.

    They did think he might live for three or four weeks, rather than one,
    but that's just yet another thing the NHS got wrong.
    --
    Roland Perry

    --- Synchronet 3.21b-Linux NewsLink 1.2
  • From SH@i.love@spam.com to uk.legal.moderated on Sat Feb 28 09:26:31 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 14:07, Roland Perry wrote:
    In message <9955824998.8550eece@uninhabited.net>, at 13:39:18 on Fri, 27
    Feb 2026, Roger Hayter <roger@hayter.org> remarked:

    I have an idea that the "no IHT" only applies if the house was jointly
    owned, which it wasn't. Being in the sole name of the deceased.

    Not so.-a That makes no difference to the spousal IHT relief.

    AIUI there are numerous exceptions, for example if the spouse's current permanent residence is outside the UK. The house in question is worth
    about half the estate's -u3m total value.

    I have been following this thread with interest..... its actually
    provoked more questions than answers.......


    Did the deceased and the lodger actually enter into an intimate
    relationship before getting married?

    Were other people aware that the deceased & lodger were in a
    relationship or was everyone taken by surprise with the wedding?

    Were there any guests & how many at the wedding?

    Did their financial affairs become linked prior to marriage such as
    joint accounts etc? (I note the lodger's name was not on the house deeds)

    Do the bank accounts of the lodger and deceased show any evidence of
    fixed monthly/weekly payments for the lodgings?

    Is the nature of the deceased's illness or the treatment(s) one of those
    that affects mental capacity to give informed consent?

    Was the deceased aware of what was goign on around him during the
    wedding ceremony and did the officiator do any mental capacity testing
    before proceeding with the ceremony?

    Did the lodger exert undue influence on the deceased to get married?

    Was the wedding hastily planned in days (or even hours) or was there a
    longer build up such as publishing the banns, booking a wedding venue, a recpetion, guest list, wedding present list etc?

    Is there an age difference between the lodger and deceased?

    I many have missed this in teh thread but am I right in understanding
    that there are no children of either the lodger or deceased?

    S.

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Sat Feb 28 12:29:13 2026
    From Newsgroup: uk.legal.moderated

    In message <10nucc9$37me6$1@dont-email.me>, at 09:26:31 on Sat, 28 Feb
    2026, SH <i.love@spam.com> remarked:
    On 27/02/2026 14:07, Roland Perry wrote:
    In message <9955824998.8550eece@uninhabited.net>, at 13:39:18 on Fri,
    27 Feb 2026, Roger Hayter <roger@hayter.org> remarked:

    I have an idea that the "no IHT" only applies if the house was >>>>jointly owned, which it wasn't. Being in the sole name of the deceased. >>>
    Not so.a That makes no difference to the spousal IHT relief.

    AIUI there are numerous exceptions, for example if the spouse's
    current permanent residence is outside the UK. The house in question
    is worth about half the estate's u3m total value.

    I have been following this thread with interest..... its actually
    provoked more questions than answers.......

    Did the deceased and the lodger actually enter into an intimate
    relationship before getting married?

    They were good friends for decades, but the relationship was Platonic as
    far as anyone can tell.

    Were other people aware that the deceased & lodger were in a
    relationship

    Obviously everyone knew about the previous decades.

    or was everyone taken by surprise with the wedding?

    Only a handful of people knew in advance, it was very ruched.

    Were there any guests & how many at the wedding?

    As far as I know just two witnesses who were friends, if that counts as "guests".

    Did their financial affairs become linked prior to marriage such as
    joint accounts etc? (I note the lodger's name was not on the house
    deeds)

    I don't think so. They kept their independence, as also evidenced by the 'lodger' having their own separate primary residence in addition to
    spending roughly half their time at the deceased's house.

    Do the bank accounts of the lodger and deceased show any evidence of
    fixed monthly/weekly payments for the lodgings?

    I've said a couple of times already: no payments were made.

    Is the nature of the deceased's illness or the treatment(s) one of
    those that affects mental capacity to give informed consent?

    No.

    Was the deceased aware of what was goign on around him during the
    wedding ceremony and did the officiator do any mental capacity testing >before proceeding with the ceremony?

    Yes he was aware.

    Did the lodger exert undue influence on the deceased to get married?

    No.

    Was the wedding hastily planned in days (or even hours) or was there a >longer build up such as publishing the banns, booking a wedding venue,
    a recpetion, guest list, wedding present list etc?

    As I said earlier, it was a deathbed ceremony, which has a fast-track,
    and was probably organised only about a week in advance.

    Is there an age difference between the lodger and deceased?

    No.

    I many have missed this in teh thread but am I right in understanding
    that there are no children of either the lodger or deceased?

    Indeed, no children at all.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From SH@i.love@spam.com to uk.legal.moderated on Sat Feb 28 12:50:40 2026
    From Newsgroup: uk.legal.moderated

    I many have missed this in teh thread but am I right in understanding
    that there are no children of either the lodger or deceased?

    Indeed, no children at all.

    Does the deceased have any siblings or parents? (thinking of the
    intestacy laws)

    Was the deceased on good terms with his immediate family?



    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Fri Feb 27 21:05:57 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri, 27
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    -aIn the week between the death-bed wedding and the landlord's demise
    (which caught everyone on the hop) no paperwork at all was done.

    What 'paperwork' do you have in mind?

    It would have helped a lot if the deceased had made a new will (the
    previous one being automatically nullified by the wedding) and also put
    the house into joint names, rather than his sole name.

    Maybe he had other things on his mind.

    They did think he might live for three or four weeks, rather than one,
    but that's just yet another thing the NHS got wrong.

    Why on earth didn't they put it in his diary?


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From SH@i.love@spam.com to uk.legal.moderated on Sat Feb 28 09:49:15 2026
    From Newsgroup: uk.legal.moderated

    On 28/02/2026 09:26, SH wrote:
    On 27/02/2026 14:07, Roland Perry wrote:
    In message <9955824998.8550eece@uninhabited.net>, at 13:39:18 on Fri,
    27 Feb 2026, Roger Hayter <roger@hayter.org> remarked:

    I have an idea that the "no IHT" only applies if the house was jointly >>>> owned, which it wasn't. Being in the sole name of the deceased.

    Not so.-a That makes no difference to the spousal IHT relief.

    AIUI there are numerous exceptions, for example if the spouse's
    current permanent residence is outside the UK. The house in question
    is worth about half the estate's -u3m total value.

    I have been following this thread with interest..... its actually
    provoked more questions than answers.......


    Did the deceased and the lodger actually enter into an intimate
    relationship before getting married?

    Were other people aware that the deceased & lodger were in a
    relationship or was everyone taken by surprise with the wedding?

    Were there any guests & how many at the wedding?

    Did their financial affairs become linked prior to marriage such as
    joint accounts etc? (I note the lodger's name was not on the house deeds)

    Do the bank accounts of the lodger and deceased show any evidence of
    fixed monthly/weekly payments for the lodgings?

    Is the nature of the deceased's illness or the treatment(s) one of those that affects mental capacity to give informed consent?

    Was the deceased aware of what was goign on around him during the
    wedding ceremony and did the officiator do any mental capacity testing before proceeding with the ceremony?

    Did the lodger exert undue influence on the deceased to get married?

    Was the wedding hastily planned in days (or even hours) or was there a longer build up such as publishing the banns, booking a wedding venue, a recpetion, guest list, wedding present list etc?

    Is there an age difference between the lodger and deceased?

    I many have missed this in teh thread but am I right in understanding
    that there are no children of either the lodger or deceased?

    S.


    and is there any link at all between the lodger and the person who
    advised the deceased to get married? (thinking of a possible
    conspiracy along the lines of pay me % of the estate in return for me "advising" the deceased to marry you"

    S.

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From SH@i.love@spam.com to uk.legal.moderated on Sat Feb 28 16:21:34 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 21:05, Norman Wells wrote:
    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri, 27
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    -aIn the week between the death-bed wedding and the landlord's demise >>>> (which caught everyone on the hop) no paperwork at all was done.

    What 'paperwork' do you have in mind?

    It would have helped a lot if the deceased had made a new will (the
    previous one being automatically nullified by the wedding) and also
    put the house into joint names, rather than his sole name.

    Maybe he had other things on his mind.

    I wonder if the OP has seen the will? Who were the beneficiaries going
    to be if it was not the lodger before the marriage?

    Given the value of the estate appearing to being over -u3 m, Getting
    married does save a huge IHT bill which would almost certainly have been
    circa -u1.2 m even after the nil rate band of 325k.

    That is definately a way to make Rachel weep!

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From GB@NOTsomeone@microsoft.invalid to uk.legal.moderated on Sat Feb 28 16:20:55 2026
    From Newsgroup: uk.legal.moderated

    On 28/02/2026 12:29, Roland Perry wrote:

    Did the lodger exert undue influence on the deceased to get married?

    No.

    In short, as you said previously, there's no reason to question whether
    the marriage was valid.

    Even if the marriage was not consummated, that does not make it void. Non-consummation would be grounds for asking the court to annul the
    marriage, but that's not going to happen in the circumstances.

    So, the position is simple. They married. The length of the marriage
    doesn't matter. He died intestate. There are no children. The intestacy
    rules apply.




    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From GB@NOTsomeone@microsoft.invalid to uk.legal.moderated on Sun Mar 1 16:56:19 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than one,
    but that's just yet another thing the NHS got wrong.


    On several occasions, I had good reason for asking doctors how long
    someone had to live. My experience is that they *always* overestimated.
    It must be built in professionally to be optimistic, as that's normally
    best for the patient's welfare.



    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From The Todal@the_todal@icloud.com to uk.legal.moderated on Sun Mar 1 23:16:41 2026
    From Newsgroup: uk.legal.moderated

    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than one,
    but that's just yet another thing the NHS got wrong.


    On several occasions, I had good reason for asking doctors how long
    someone had to live. My experience is that they *always* overestimated.
    It must be built in professionally to be optimistic, as that's normally
    best for the patient's welfare.


    However, about a week ago I spoke to a man with terminal cancer, an
    aggressive form of pancreatic cancer in fact, who said that 18 months
    ago he was told by his oncologist that he had just 6 months to live. And
    for that reason he was personally opposed to the Assisted Dying Bill. I
    didn't argue the point with him. I think a decision to opt for assisted
    dying would not be purely on the basis of a doctor's time estimate. It
    would also involve assessing what palliative care you can expect, your
    pain threshold, your overall quality of life.



    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Jon Ribbens@jon+usenet@unequivocal.eu to uk.legal.moderated on Sun Mar 1 23:38:30 2026
    From Newsgroup: uk.legal.moderated

    On 2026-03-01, The Todal <the_todal@icloud.com> wrote:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than one,
    but that's just yet another thing the NHS got wrong.


    On several occasions, I had good reason for asking doctors how long
    someone had to live. My experience is that they *always* overestimated.
    It must be built in professionally to be optimistic, as that's normally
    best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an aggressive form of pancreatic cancer in fact, who said that 18 months
    ago he was told by his oncologist that he had just 6 months to live. And
    for that reason he was personally opposed to the Assisted Dying Bill. I didn't argue the point with him. I think a decision to opt for assisted dying would not be purely on the basis of a doctor's time estimate. It
    would also involve assessing what palliative care you can expect, your
    pain threshold, your overall quality of life.

    Indeed. Surely half the point of it is that if the only way to end your
    life is to do it yourself and you want to avoid being trapped living in
    pain then your only option is to kill yourself now while you still can
    to avoid the chance of pain in the future, whereas if you're allowed
    assistance then you can wait until the chance has become a certainty.

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 07:15:56 2026
    From Newsgroup: uk.legal.moderated

    In message <10nuob1$3biua$2@dont-email.me>, at 12:50:40 on Sat, 28 Feb
    2026, SH <i.love@spam.com> remarked:

    I many have missed this in teh thread but am I right in
    understanding that there are no children of either the lodger or >>>deceased?

    Indeed, no children at all.

    Does the deceased have any siblings or parents? (thinking of the
    intestacy laws)

    No. (Well, obviously he used to have parents, but they died ages ago.)

    Was the deceased on good terms with his immediate family?

    There was none.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 07:17:38 2026
    From Newsgroup: uk.legal.moderated

    In message <10nv4l7$3g37o$1@dont-email.me>, at 16:20:55 on Sat, 28 Feb
    2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 28/02/2026 12:29, Roland Perry wrote:

    Did the lodger exert undue influence on the deceased to get married?
    No.

    In short, as you said previously, there's no reason to question whether
    the marriage was valid.

    I didn't make any suggestion it was invalid. That's the point anyway, it
    was about *rent* during the year it took to get probate.

    Even if the marriage was not consummated, that does not make it void.

    Irrelevant.

    Non-consummation would be grounds for asking the court to annul the
    marriage, but that's not going to happen in the circumstances.

    So, the position is simple. They married. The length of the marriage
    doesn't matter. He died intestate. There are no children. The
    intestacy rules apply.

    But what about the rent, the rent?
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 07:19:01 2026
    From Newsgroup: uk.legal.moderated

    In message <n0ef9lFrt0U1@mid.individual.net>, at 21:05:57 on Fri, 27 Feb
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri, 27
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    aIn the week between the death-bed wedding and the landlord's
    demise (which caught everyone on the hop) no paperwork at all was done. >>>
    What 'paperwork' do you have in mind?

    It would have helped a lot if the deceased had made a new will (the >>previous one being automatically nullified by the wedding) and also
    put the house into joint names, rather than his sole name.

    Maybe he had other things on his mind.

    Yes he did, but a simple will could potentially have been drummed up.

    They did think he might live for three or four weeks, rather than
    one, but that's just yet another thing the NHS got wrong.

    Why on earth didn't they put it in his diary?

    What's that supposed to mean?
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 07:21:16 2026
    From Newsgroup: uk.legal.moderated

    In message <10nv4mf$3ga5o$1@dont-email.me>, at 16:21:34 on Sat, 28 Feb
    2026, SH <i.love@spam.com> remarked:
    On 27/02/2026 21:05, Norman Wells wrote:
    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri,
    27 Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    aIn the week between the death-bed wedding and the landlord's >>>>>demise (which caught everyone on the hop) no paperwork at all was done. >>>>
    What 'paperwork' do you have in mind?

    It would have helped a lot if the deceased had made a new will (the >>>previous one being automatically nullified by the wedding) and also
    put the house into joint names, rather than his sole name.

    Maybe he had other things on his mind.

    I wonder if the OP has seen the will? Who were the beneficiaries going
    to be if it was not the lodger before the marriage?

    No, I am unaware what the previous (void) will said. But I do know the deceased had a former life expectation of about 20yrs, however
    circumstances intervened.

    Given the value of the estate appearing to being over u3 m, Getting
    married does save a huge IHT bill which would almost certainly have
    been circa u1.2 m even after the nil rate band of 325k.

    That is definately a way to make Rachel weep!

    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 07:31:52 2026
    From Newsgroup: uk.legal.moderated

    In message <10o1r3k$d908$1@dont-email.me>, at 16:56:19 on Sun, 1 Mar
    2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than
    one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how long
    someone had to live. My experience is that they *always* overestimated.
    It must be built in professionally to be optimistic, as that's normally
    best for the patient's welfare.

    It's not always the case. Someone close to me was told that there was
    no recorded instance of anyone with their condition living more than
    5yrs, although they didn't give an option on how long through that hypothetical five years the patient would live. 20yrs later, they are
    still alive!

    Being over-optimistic is not inevitably good for the patient's welfare, because they may be much happier to know that their affairs are in
    order, and getting a move on is imperative.

    For example, some ill-health-retirement pensions allow the beneficiary
    to take a lump sum or an annuity, and if that has a "break even" at say
    8yrs, it matters to some extent whether the patient thinks they will
    live 4yrs or 12yrs.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 07:40:50 2026
    From Newsgroup: uk.legal.moderated

    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1 Mar
    2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than
    one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how long >>someone had to live. My experience is that they *always*
    overestimated. It must be built in professionally to be optimistic,
    as that's normally best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an >aggressive form of pancreatic cancer in fact, who said that 18 months
    ago he was told by his oncologist that he had just 6 months to live.

    That's about right (4-6 months). However, what people die
    *of* is secondary cancer, and in the instance it appears the metastastisation(sp) was particulary slow.

    And for that reason he was personally opposed to the Assisted Dying
    Bill. I didn't argue the point with him. I think a decision to opt for >assisted dying would not be purely on the basis of a doctor's time
    estimate. It would also involve assessing what palliative care you can >expect, your pain threshold, your overall quality of life.

    Assisted dying in this context is a bit of a red herring, because that'd
    only become an issue in the last few weeks of life, not months before.
    YMMV for other forms of cancer.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 07:13:33 2026
    From Newsgroup: uk.legal.moderated

    In message <10nudms$37me6$2@dont-email.me>, at 09:49:15 on Sat, 28 Feb
    2026, SH <i.love@spam.com> remarked:
    On 28/02/2026 09:26, SH wrote:
    On 27/02/2026 14:07, Roland Perry wrote:
    In message <9955824998.8550eece@uninhabited.net>, at 13:39:18 on
    Fri, 27 Feb 2026, Roger Hayter <roger@hayter.org> remarked:

    I have an idea that the "no IHT" only applies if the house was jointly >>>>> owned, which it wasn't. Being in the sole name of the deceased.

    Not so.a That makes no difference to the spousal IHT relief.

    AIUI there are numerous exceptions, for example if the spouse's
    current permanent residence is outside the UK. The house in question
    is worth about half the estate's u3m total value.
    I have been following this thread with interest..... its actually >>provoked more questions than answers.......
    Did the deceased and the lodger actually enter into an intimate >>relationship before getting married?
    Were other people aware that the deceased & lodger were in a >>relationship or was everyone taken by surprise with the wedding?
    Were there any guests & how many at the wedding?
    Did their financial affairs become linked prior to marriage such as >>joint accounts etc? (I note the lodger's name was not on the house
    deeds)
    Do the bank accounts of the lodger and deceased show any evidence of >>fixed monthly/weekly payments for the lodgings?
    Is the nature of the deceased's illness or the treatment(s) one of
    those that affects mental capacity to give informed consent?
    Was the deceased aware of what was goign on around him during the >>wedding ceremony and did the officiator do any mental capacity testing >>before proceeding with the ceremony?
    Did the lodger exert undue influence on the deceased to get married?
    Was the wedding hastily planned in days (or even hours) or was there
    a longer build up such as publishing the banns, booking a wedding
    venue, a recpetion, guest list, wedding present list etc?
    Is there an age difference between the lodger and deceased?
    I many have missed this in teh thread but am I right in
    understanding that there are no children of either the lodger or >>deceased?
    S.


    and is there any link at all between the lodger and the person who
    advised the deceased to get married?

    I would have expected the deceased's long term financial advisor to have
    been involved, given the rapidly escalating situation at the time.

    (thinking of a possible conspiracy along the lines of pay me % of the
    estate in return for me "advising" the deceased to marry you"

    That seems unlikely.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 08:04:50 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 07:17, Roland Perry wrote:
    In message <10nv4l7$3g37o$1@dont-email.me>, at 16:20:55 on Sat, 28 Feb
    2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 28/02/2026 12:29, Roland Perry wrote:

    Did the lodger exert undue influence on the deceased to get married?
    -aNo.

    In short, as you said previously, there's no reason to question
    whether the marriage was valid.

    I didn't make any suggestion it was invalid. That's the point anyway, it
    was about *rent* during the year it took to get probate.

    Even if the marriage was not consummated, that does not make it void.

    Irrelevant.

    Non-consummation would be grounds for asking the court to annul the
    marriage, but that's not going to happen in the circumstances.

    So, the position is simple. They married. The length of the marriage
    doesn't matter.-a He died intestate. There are no children. The
    intestacy rules apply.

    But what about the rent, the rent?

    Wives don't pay rent.

    What's your interest in wanting to know, anyway?


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 08:08:24 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 07:19, Roland Perry wrote:
    In message <n0ef9lFrt0U1@mid.individual.net>, at 21:05:57 on Fri, 27 Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri, 27
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    -aIn the week between the death-bed wedding and the landlord's
    demise-a (which caught everyone on the hop) no paperwork at all was >>>>> done.

    What 'paperwork' do you have in mind?

    -aIt would have helped a lot if the deceased had made a new will (the
    previous one being automatically nullified by the wedding) and also
    put-a the house into joint names, rather than his sole name.

    Maybe he had other things on his mind.

    Yes he did, but a simple will could potentially have been drummed up.

    He presumably married on his death bed to ensure that his wife
    benefitted properly from his estate. She will now. She may not have
    under the terms of any previous Will.

    He did what was important.

    Give him a break.

    They did think he might live for three or four weeks, rather than
    one,-a but that's just yet another thing the NHS got wrong.

    Why on earth didn't they put it in his diary?

    What's that supposed to mean?

    He may not have been so inconsiderate to die early if he had a proper appointment.


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 08:34:45 2026
    From Newsgroup: uk.legal.moderated

    In message <n0kul2F17blU1@mid.individual.net>, at 08:04:50 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:17, Roland Perry wrote:
    In message <10nv4l7$3g37o$1@dont-email.me>, at 16:20:55 on Sat, 28
    Feb 2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 28/02/2026 12:29, Roland Perry wrote:

    Did the lodger exert undue influence on the deceased to get married?
    aNo.

    In short, as you said previously, there's no reason to question
    whether the marriage was valid.

    I didn't make any suggestion it was invalid. That's the point
    anyway, it was about *rent* during the year it took to get probate.

    Even if the marriage was not consummated, that does not make it
    void.

    Irrelevant.

    Non-consummation would be grounds for asking the court to annul the >>>marriage, but that's not going to happen in the circumstances.

    So, the position is simple. They married. The length of the marriage >>>doesn't matter.a He died intestate. There are no children. The
    intestacy rules apply.

    But what about the rent, the rent?

    Wives don't pay rent.

    They don't own the house, the estate does. It's not their primary
    residence, rather than a second 'home'. Why shouldn't they pay rent to
    the estate until probate is granted, the intestacy sorted out, and then eventually (but inevitably) own the house?

    What's your interest in wanting to know, anyway?

    Asking a legal question in a legal newsgroup, I didn't realise that was forbidden.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 08:39:37 2026
    From Newsgroup: uk.legal.moderated

    In message <n0kurpF17blU2@mid.individual.net>, at 08:08:24 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:19, Roland Perry wrote:
    In message <n0ef9lFrt0U1@mid.individual.net>, at 21:05:57 on Fri, 27
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri,
    27 Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    aIn the week between the death-bed wedding and the landlord's >>>>>>demisea (which caught everyone on the hop) no paperwork at all was done. >>>>>
    What 'paperwork' do you have in mind?

    aIt would have helped a lot if the deceased had made a new will
    (the previous one being automatically nullified by the wedding) and >>>>also puta the house into joint names, rather than his sole name.

    Maybe he had other things on his mind.

    Yes he did, but a simple will could potentially have been drummed
    up.

    He presumably married on his death bed to ensure that his wife
    benefitted properly from his estate.

    Which would have been much better organised with even just a simple
    will.

    She will now. She may not have under the terms of any previous Will.

    We don't know that. But it's not obvious who else the estate would have
    been left to. However, even years before getting married the house could
    have been put in joint names, which also would have simplified things.

    Although that makes me want to ask another question - if a house is put
    into joint names without being spouses, does that have IHT implications
    if the original owner doesn't live seven years. Is this what the
    mechanism behind the "family farm tax" is all about...

    He did what was important.

    Give him a break.

    They did think he might live for three or four weeks, rather than >>>>one,a but that's just yet another thing the NHS got wrong.

    Why on earth didn't they put it in his diary?
    What's that supposed to mean?

    He may not have been so inconsiderate to die early if he had a proper >appointment.

    Appointment with whom?
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 08:48:23 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1 Mar 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than
    one,-a but that's just yet another thing the NHS got wrong.

    -a On several occasions, I had good reason for asking doctors how long
    someone had to live. My experience is that they *always*
    overestimated.-a It must be built in professionally to be optimistic,
    as that's normally-a best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an
    aggressive form of pancreatic cancer in fact, who said that 18 months
    ago he was told by his oncologist that he had just 6 months to live.

    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the pancreas.
    They die because that organ is incapacitated.



    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 08:44:39 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 07:31, Roland Perry wrote:
    In message <10o1r3k$d908$1@dont-email.me>, at 16:56:19 on Sun, 1 Mar
    2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than
    one,-a but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how long
    someone had to live. My experience is that they *always*
    overestimated. It must be built in professionally to be optimistic, as
    that's normally best for the patient's welfare.

    It's not always the case. Someone close to me was told that there was
    no recorded instance of anyone with their condition living more than
    5yrs, although they didn't give an option on how long through that hypothetical five years the patient would live. 20yrs later, they are
    still alive!

    Being over-optimistic is not inevitably good for the patient's welfare, because they may be much happier to know that their affairs are in
    order,

    Which of course he ensured by marrying his wife before he died.

    and getting a move on is imperative.

    Indeed! It's a lesson for us all.

    For example, some ill-health-retirement pensions allow the beneficiary
    to take a lump sum or an annuity, and if that has a "break even" at say 8yrs, it matters to some extent whether the patient thinks they will
    live 4yrs or 12yrs.

    Then they need to engage an actuary who will consult a probability table.


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Mar 2 10:03:10 2026
    From Newsgroup: uk.legal.moderated

    On 2 Mar 2026 at 08:48:23 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1 Mar
    2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than
    one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how long
    someone had to live. My experience is that they *always*
    overestimated. It must be built in professionally to be optimistic,
    as that's normally best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an
    aggressive form of pancreatic cancer in fact, who said that 18 months
    ago he was told by his oncologist that he had just 6 months to live.

    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the pancreas.
    They die because that organ is incapacitated.

    Just for the record, that assertion is completely untrue.
    --

    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 10:53:19 2026
    From Newsgroup: uk.legal.moderated

    In message <n0l0voF17blU3@mid.individual.net>, at 08:44:39 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:31, Roland Perry wrote:
    In message <10o1r3k$d908$1@dont-email.me>, at 16:56:19 on Sun, 1 Mar >>2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than >>>>one,a but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how long >>>someone had to live. My experience is that they *always*
    overestimated. It must be built in professionally to be optimistic,
    as that's normally best for the patient's welfare.
    It's not always the case. Someone close to me was told that there
    was
    no recorded instance of anyone with their condition living more than >>5yrs, although they didn't give an option on how long through that >>hypothetical five years the patient would live. 20yrs later, they are >>still alive!

    Being over-optimistic is not inevitably good for the patient's
    welfare, because they may be much happier to know that their affairs
    are in order,

    Which of course he ensured by marrying his wife before he died.

    Not if after the wedding no actual putting-into-order takes place.

    and getting a move on is imperative.

    Indeed! It's a lesson for us all.

    Agreed.

    For example, some ill-health-retirement pensions allow the
    beneficiary to take a lump sum or an annuity, and if that has a
    "break even" at say 8yrs, it matters to some extent whether the
    patient thinks they will live 4yrs or 12yrs.

    Then they need to engage an actuary who will consult a probability table.

    Which the actuary can't do unless they have detailed knowledge of the patient's individual medical condition. Which they don't.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 10:50:53 2026
    From Newsgroup: uk.legal.moderated

    In message <n0l16oF17blU4@mid.individual.net>, at 08:48:23 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1
    Mar 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than >>>>>one,a but that's just yet another thing the NHS got wrong.

    a On several occasions, I had good reason for asking doctors how
    long someone had to live. My experience is that they *always* >>>>overestimated.a It must be built in professionally to be optimistic, >>>>as that's normallya best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an >>>aggressive form of pancreatic cancer in fact, who said that 18 months >>>ago he was told by his oncologist that he had just 6 months to live.

    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the pancreas.
    They die because that organ is incapacitated.

    Don't give up the day-job. That's not the process involved, because they
    can stent the pancreas, it's spread to other organs (often the liver)
    which matters.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 09:12:13 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 08:34, Roland Perry wrote:
    In message <n0kul2F17blU1@mid.individual.net>, at 08:04:50 on Mon, 2 Mar 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:17, Roland Perry wrote:
    In message <10nv4l7$3g37o$1@dont-email.me>, at 16:20:55 on Sat, 28
    Feb-a 2026, GB <NOTsomeone@microsoft.invalid> remarked:
    On 28/02/2026 12:29, Roland Perry wrote:

    Did the lodger exert undue influence on the deceased to get married? >>>>> -aNo.

    In short, as you said previously, there's no reason to question
    whether the marriage was valid.

    -aI didn't make any suggestion it was invalid. That's the point
    anyway, it-a was about *rent* during the year it took to get probate.

    Even if the marriage was not consummated, that does not make it void.

    -aIrrelevant.

    Non-consummation would be grounds for asking the court to annul the
    marriage, but that's not going to happen in the circumstances.

    So, the position is simple. They married. The length of the marriage
    doesn't matter.-a He died intestate. There are no children. The
    intestacy rules apply.

    -aBut what about the rent, the rent?

    Wives don't pay rent.

    They don't own the house, the estate does. It's not their primary
    residence, rather than a second 'home'. Why shouldn't they pay rent to
    the estate until probate is granted, the intestacy sorted out, and then eventually (but inevitably) own the house?

    Because she will eventually (but inevitably) own the house. She is its beneficial owner. She is the only one to whom the 'rent' would
    ultimately go. If you can make any sense of paying it to herself, do say.

    What's your interest in wanting to know, anyway?

    Asking a legal question in a legal newsgroup, I didn't realise that was forbidden.

    If you have an interest, it would be helpful to know what it is to save
    us chasing yet more hypothetical wild geese.

    And it may just stop us having visions of vultures descending on a fresh corpse.


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 09:02:13 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 08:39, Roland Perry wrote:
    In message <n0kurpF17blU2@mid.individual.net>, at 08:08:24 on Mon, 2 Mar 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:19, Roland Perry wrote:
    In message <n0ef9lFrt0U1@mid.individual.net>, at 21:05:57 on Fri, 27
    Feb-a 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri,
    27-a Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    -aIn the week between the death-bed wedding and the landlord's
    demise-a (which caught everyone on the hop) no paperwork at all >>>>>>> was done.

    What 'paperwork' do you have in mind?

    -aIt would have helped a lot if the deceased had made a new will
    (the-a previous one being automatically nullified by the wedding)
    and also-a put-a the house into joint names, rather than his sole name. >>>>
    Maybe he had other things on his mind.

    -aYes he did, but a simple will could potentially have been drummed up.

    He presumably married on his death bed to ensure that his wife
    benefitted properly from his estate.

    Which would have been much better organised with even just a simple will.

    Who would that have benefitted apart from his wife, in your opinion?

    You? A friend of yours?

    If he meant his wife to inherit the lot, as it appears, he did what was important. Intestate estates are really not difficult to sort out.

    -aShe will now.-a She may not have under the terms of any previous Will.

    We don't know that. But it's not obvious who else the estate would have
    been left to.

    Then let it rest. Why are you so concerned?

    However, even years before getting married the house could
    have been put in joint names, which also would have simplified things.

    For whom? What does it matter to you?

    Although that makes me want to ask another question - if a house is put
    into joint names without being spouses, does that have IHT implications
    if the original owner doesn't live seven years. Is this what the
    mechanism behind the "family farm tax" is all about...

    He did what was important.

    Give him a break.

    They did think he might live for three or four weeks, rather than
    one,-a but that's just yet another thing the NHS got wrong.

    Why on earth didn't they put it in his diary?
    -aWhat's that supposed to mean?

    He may not have been so inconsiderate to die early if he had a proper
    appointment.

    Appointment with whom?

    The Grim Reaper of course.


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Handsome Jack@jack@handsome.com to uk.legal.moderated on Mon Mar 2 09:38:03 2026
    From Newsgroup: uk.legal.moderated

    On Mon, 2 Mar 2026 08:39:37 +0000, Roland Perry wrote:


    Although that makes me want to ask another question - if a house is put
    into joint names without being spouses, does that have IHT implications
    if the original owner doesn't live seven years.

    Yes.

    Is this what the
    mechanism behind the "family farm tax" is all about...

    It's part of it. Family farms are passed to the next generation at some
    point, and that gift will generally be IHTable under the new regime.

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Mar 2 11:03:45 2026
    From Newsgroup: uk.legal.moderated

    On 2 Mar 2026 at 10:50:53 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n0l16oF17blU4@mid.individual.net>, at 08:48:23 on Mon, 2 Mar 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1
    Mar 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than
    one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how
    long someone had to live. My experience is that they *always*
    overestimated. It must be built in professionally to be optimistic, >>>>> as that's normally best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an
    aggressive form of pancreatic cancer in fact, who said that 18 months
    ago he was told by his oncologist that he had just 6 months to live.

    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the pancreas.
    They die because that organ is incapacitated.

    Don't give up the day-job. That's not the process involved, because they
    can stent the pancreas, it's spread to other organs (often the liver)
    which matters.

    Indeed, occasionally it is appropriate to remove the whole pancreas (and adjacent bits) in the hope of a cure.
    --

    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 10:58:42 2026
    From Newsgroup: uk.legal.moderated

    In message <10o3lpr$112cq$1@dont-email.me>, at 09:38:03 on Mon, 2 Mar
    2026, Handsome Jack <jack@handsome.com> remarked:
    On Mon, 2 Mar 2026 08:39:37 +0000, Roland Perry wrote:


    Although that makes me want to ask another question - if a house is put
    into joint names without being spouses, does that have IHT implications
    if the original owner doesn't live seven years.

    Yes.

    Is this what the
    mechanism behind the "family farm tax" is all about...

    It's part of it. Family farms are passed to the next generation at some >point, and that gift will generally be IHTable under the new regime.

    But why doesn't the older generation farmer gift the farm to his
    offspring sufficiently early he has at least 7yrs expected lifespan?

    And this isn't just about farms (although they have tractors to block
    the roads when they feel aggrieved). It's the same for *any* family
    business living over the shop.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 11:54:21 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 10:58, Roland Perry wrote:
    In message <10o3lpr$112cq$1@dont-email.me>, at 09:38:03 on Mon, 2 Mar
    2026, Handsome Jack <jack@handsome.com> remarked:
    On Mon, 2 Mar 2026 08:39:37 +0000, Roland Perry wrote:


    Although that makes me want to ask another question - if a house is put
    into joint names without being spouses, does that have IHT implications
    if the original owner doesn't live seven years.

    Yes.

    Is this what the
    mechanism behind the "family farm tax" is all about...

    It's part of it. Family farms are passed to the next generation at some
    point, and that gift will generally be IHTable under the new regime.

    But why doesn't the older generation farmer gift the farm to his
    offspring sufficiently early he has at least 7yrs expected lifespan?

    They can, and now they have to if they want to avoid IHT. Previously,
    passing on farms to offspring was not subject to IHT at all, so there
    was no point in doing it early. Now there's a whole tranche of farmers
    (whose average age is currently about 67 I believe) who may not survive another 7 years, so may be caught whatever they plan and do now.

    And this isn't just about farms (although they have tractors to block
    the roads when they feel aggrieved). It's the same for *any* family
    business living over the shop.

    Farming, though, is an extreme asset-rich, cash-poor business. If the
    working assets have to be sold to pay an unexpected tax bill, or even an expected one down the line, the farm ceases. There's nothing with which
    to carry it on.

    And if farms cease, so does the food they produce.


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 12:13:14 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 11:03, Roger Hayter wrote:
    On 2 Mar 2026 at 10:50:53 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n0l16oF17blU4@mid.individual.net>, at 08:48:23 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1
    Mar 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than >>>>>>> one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how
    long someone had to live. My experience is that they *always*
    overestimated. It must be built in professionally to be optimistic, >>>>>> as that's normally best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an
    aggressive form of pancreatic cancer in fact, who said that 18 months >>>>> ago he was told by his oncologist that he had just 6 months to live.

    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the pancreas.
    They die because that organ is incapacitated.

    Don't give up the day-job. That's not the process involved, because they
    can stent the pancreas, it's spread to other organs (often the liver)
    which matters.

    Indeed, occasionally it is appropriate to remove the whole pancreas (and adjacent bits) in the hope of a cure.

    Of course, if you can remove the organ with the aggressive cancer, it
    won't be that which kills you. Leave it alone, though, and I think you
    need to worry more about that than where it may have spread.

    Anyway, an organ that can be removed is by definition not a vital organ.



    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Martin Brown@'''newspam'''@nonad.co.uk to uk.legal.moderated on Mon Mar 2 11:59:47 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 10:58, Roland Perry wrote:
    In message <10o3lpr$112cq$1@dont-email.me>, at 09:38:03 on Mon, 2 Mar
    2026, Handsome Jack <jack@handsome.com> remarked:
    On Mon, 2 Mar 2026 08:39:37 +0000, Roland Perry wrote:


    Although that makes me want to ask another question - if a house is put
    into joint names without being spouses, does that have IHT implications
    if the original owner doesn't live seven years.

    Yes.

    I have know friends who were happily cohabiting since university days
    get married during the Covid epidemic for exactly this reason.

    Is this what the
    mechanism behind the "family farm tax" is all about...

    It's part of it. Family farms are passed to the next generation at some
    point, and that gift will generally be IHTable under the new regime.

    But why doesn't the older generation farmer gift the farm to his
    offspring sufficiently early he has at least 7yrs expected lifespan?

    Some (most?) do today. But it was a lot more tricky before the risks of premature death from hypertension was understood and controllable.

    The house that I live in was sold off by the estate to pay double death
    duties when heirs to the estate died off in quick succession. TBH I
    think the second one being an inept spendthrift was more relevant.
    --
    Martin Brown


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Mar 2 13:34:14 2026
    From Newsgroup: uk.legal.moderated

    On 2 Mar 2026 at 11:54:21 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 10:58, Roland Perry wrote:
    In message <10o3lpr$112cq$1@dont-email.me>, at 09:38:03 on Mon, 2 Mar
    2026, Handsome Jack <jack@handsome.com> remarked:
    On Mon, 2 Mar 2026 08:39:37 +0000, Roland Perry wrote:


    Although that makes me want to ask another question - if a house is put >>>> into joint names without being spouses, does that have IHT implications >>>> if the original owner doesn't live seven years.

    Yes.

    Is this what the
    mechanism behind the "family farm tax" is all about...

    It's part of it. Family farms are passed to the next generation at some
    point, and that gift will generally be IHTable under the new regime.

    But why doesn't the older generation farmer gift the farm to his
    offspring sufficiently early he has at least 7yrs expected lifespan?

    They can, and now they have to if they want to avoid IHT. Previously, passing on farms to offspring was not subject to IHT at all, so there
    was no point in doing it early. Now there's a whole tranche of farmers (whose average age is currently about 67 I believe) who may not survive another 7 years, so may be caught whatever they plan and do now.

    And this isn't just about farms (although they have tractors to block
    the roads when they feel aggrieved). It's the same for *any* family
    business living over the shop.

    Farming, though, is an extreme asset-rich, cash-poor business. If the working assets have to be sold to pay an unexpected tax bill, or even an expected one down the line, the farm ceases. There's nothing with which
    to carry it on.

    And if farms cease, so does the food they produce.

    Land does not disappear if a farm goes out of business. Any more than housing disappears when private landlords go out of business.

    Rapacious big landowners are probably more of a threat to family farms than IHT, and small farms have been being absorbed into agricultural holdings for rather a long time now.
    --

    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Mar 2 13:39:27 2026
    From Newsgroup: uk.legal.moderated

    On 2 Mar 2026 at 12:13:14 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 11:03, Roger Hayter wrote:
    On 2 Mar 2026 at 10:50:53 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n0l16oF17blU4@mid.individual.net>, at 08:48:23 on Mon, 2 Mar >>> 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1 >>>>> Mar 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than >>>>>>>> one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how >>>>>>> long someone had to live. My experience is that they *always*
    overestimated. It must be built in professionally to be optimistic, >>>>>>> as that's normally best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an >>>>>> aggressive form of pancreatic cancer in fact, who said that 18 months >>>>>> ago he was told by his oncologist that he had just 6 months to live.

    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the pancreas. >>>> They die because that organ is incapacitated.

    Don't give up the day-job. That's not the process involved, because they >>> can stent the pancreas, it's spread to other organs (often the liver)
    which matters.

    Indeed, occasionally it is appropriate to remove the whole pancreas (and
    adjacent bits) in the hope of a cure.

    Of course, if you can remove the organ with the aggressive cancer, it
    won't be that which kills you. Leave it alone, though, and I think you
    need to worry more about that than where it may have spread.

    Anyway, an organ that can be removed is by definition not a vital organ.

    That rather contradicts your statement above, saying the pancreas was a vital organ. And just to contradict your above declaration I have a neighbour who
    has been cancer free for about five years following complete removal of his liver. I leave how that works to ingenuity of the reader.
    --

    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Mon Mar 2 14:36:27 2026
    From Newsgroup: uk.legal.moderated

    In message <n0lc3eF36qeU1@mid.individual.net>, at 11:54:21 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:

    And if farms cease, so does the food they produce.

    Because no-one will ever, ever, buy that land and grow food on it again. Right, I see.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Martin Brown@'''newspam'''@nonad.co.uk to uk.legal.moderated on Mon Mar 2 15:36:40 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 14:36, Roland Perry wrote:
    In message <n0lc3eF36qeU1@mid.individual.net>, at 11:54:21 on Mon, 2 Mar 2026, Norman Wells <hex@unseen.ac.am> remarked:

    And if farms cease, so does the food they produce.

    Because no-one will ever, ever, buy that land and grow food on it again. Right, I see.

    The fashion right now is to turn the land over to solar farms since it generates more income than growing crops and with no effort or risk to
    the farmer (apart from being very unpopular with their neighbours).

    It is a weird unintended consequence of them losing various EU farm
    subsidies to grow foodstuffs after Brexit.
    --
    Martin Brown


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Handsome Jack@jack@handsome.com to uk.legal.moderated on Mon Mar 2 14:58:53 2026
    From Newsgroup: uk.legal.moderated

    On Mon, 2 Mar 2026 11:59:47 +0000, Martin Brown wrote:


    The house that I live in was sold off by the estate to pay double death duties when heirs to the estate died off in quick succession. TBH I
    think the second one being an inept spendthrift was more relevant.


    Almost every house in London will have to be sold when the elderly
    owner(s) die. Unlike in the North, it is simply not possible to leave your house to your children.

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 14:23:10 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 13:39, Roger Hayter wrote:
    On 2 Mar 2026 at 12:13:14 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 11:03, Roger Hayter wrote:
    On 2 Mar 2026 at 10:50:53 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n0l16oF17blU4@mid.individual.net>, at 08:48:23 on Mon, 2 Mar >>>> 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1 >>>>>> Mar 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than >>>>>>>>> one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how >>>>>>>> long someone had to live. My experience is that they *always* >>>>>>>> overestimated. It must be built in professionally to be optimistic, >>>>>>>> as that's normally best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an >>>>>>> aggressive form of pancreatic cancer in fact, who said that 18 months >>>>>>> ago he was told by his oncologist that he had just 6 months to live. >>>>
    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the pancreas. >>>>> They die because that organ is incapacitated.

    Don't give up the day-job. That's not the process involved, because they >>>> can stent the pancreas, it's spread to other organs (often the liver)
    which matters.

    Indeed, occasionally it is appropriate to remove the whole pancreas (and >>> adjacent bits) in the hope of a cure.

    Of course, if you can remove the organ with the aggressive cancer, it
    won't be that which kills you. Leave it alone, though, and I think you
    need to worry more about that than where it may have spread.

    Anyway, an organ that can be removed is by definition not a vital organ.

    Well, the pancreas is generally regarded as a vital organ, for example:

    https://www.healthdirect.gov.au/pancreas

    That's perhaps why it is only removed in a very small number of cases.
    Heaven knows what external plumbing or extreme treatment for life is
    then required to keep the patient alive and what the prognosis may be.
    I imagine a major side-effect of removal is death.

    That rather contradicts your statement above, saying the pancreas was a vital organ. And just to contradict your above declaration I have a neighbour who has been cancer free for about five years following complete removal of his liver. I leave how that works to ingenuity of the reader.

    The existence of possible external machines and pipework that can mimic
    the function of a vital organ does not detract from its being a vital
    organ in the first place.



    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 14:47:07 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 14:36, Roland Perry wrote:
    In message <n0lc3eF36qeU1@mid.individual.net>, at 11:54:21 on Mon, 2 Mar 2026, Norman Wells <hex@unseen.ac.am> remarked:

    And if farms cease, so does the food they produce.

    Because no-one will ever, ever, buy that land and grow food on it again. Right, I see.

    It's hard to see an economic argument for it under the current tax regime.

    I invite you to search in Google for 'how hard is it to make a living
    from farming in uk'.



    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Mar 2 14:25:15 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 13:34, Roger Hayter wrote:
    On 2 Mar 2026 at 11:54:21 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 10:58, Roland Perry wrote:
    In message <10o3lpr$112cq$1@dont-email.me>, at 09:38:03 on Mon, 2 Mar
    2026, Handsome Jack <jack@handsome.com> remarked:
    On Mon, 2 Mar 2026 08:39:37 +0000, Roland Perry wrote:


    Although that makes me want to ask another question - if a house is put >>>>> into joint names without being spouses, does that have IHT implications >>>>> if the original owner doesn't live seven years.

    Yes.

    Is this what the
    mechanism behind the "family farm tax" is all about...

    It's part of it. Family farms are passed to the next generation at some >>>> point, and that gift will generally be IHTable under the new regime.

    But why doesn't the older generation farmer gift the farm to his
    offspring sufficiently early he has at least 7yrs expected lifespan?

    They can, and now they have to if they want to avoid IHT. Previously,
    passing on farms to offspring was not subject to IHT at all, so there
    was no point in doing it early. Now there's a whole tranche of farmers
    (whose average age is currently about 67 I believe) who may not survive
    another 7 years, so may be caught whatever they plan and do now.

    And this isn't just about farms (although they have tractors to block
    the roads when they feel aggrieved). It's the same for *any* family
    business living over the shop.

    Farming, though, is an extreme asset-rich, cash-poor business. If the
    working assets have to be sold to pay an unexpected tax bill, or even an
    expected one down the line, the farm ceases. There's nothing with which
    to carry it on.

    And if farms cease, so does the food they produce.

    Land does not disappear if a farm goes out of business.

    But it won't be farmed, and that's the point.

    Any more than housing
    disappears when private landlords go out of business.

    There is always demand for that. For working farms, I think it is
    rather different.


    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Jon Ribbens@jon+usenet@unequivocal.eu to uk.legal.moderated on Mon Mar 2 16:58:54 2026
    From Newsgroup: uk.legal.moderated

    On 2026-03-02, Martin Brown <'''newspam'''@nonad.co.uk> wrote:
    On 02/03/2026 14:36, Roland Perry wrote:
    In message <n0lc3eF36qeU1@mid.individual.net>, at 11:54:21 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:

    And if farms cease, so does the food they produce.

    Because no-one will ever, ever, buy that land and grow food on it again.
    Right, I see.

    The fashion right now is to turn the land over to solar farms since it generates more income than growing crops and with no effort or risk to
    the farmer (apart from being very unpopular with their neighbours).

    Or perhaps both crops and solar at the same time ("agrivoltaics").

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Handsome Jack@jack@handsome.com to uk.legal.moderated on Mon Mar 2 16:46:43 2026
    From Newsgroup: uk.legal.moderated

    On Mon, 2 Mar 2026 15:36:40 +0000, Martin Brown wrote:

    On 02/03/2026 14:36, Roland Perry wrote:
    In message <n0lc3eF36qeU1@mid.individual.net>, at 11:54:21 on Mon, 2
    Mar 2026, Norman Wells <hex@unseen.ac.am> remarked:

    And if farms cease, so does the food they produce.

    Because no-one will ever, ever, buy that land and grow food on it
    again.
    Right, I see.

    The fashion right now is to turn the land over to solar farms since it generates more income than growing crops and with no effort or risk to
    the farmer (apart from being very unpopular with their neighbours).

    It is a weird unintended consequence of them losing various EU farm
    subsidies to grow foodstuffs after Brexit.

    Not at all, it was happening long before the Brexit referendum. The subsidy-derived money for the farmer was very attractive, especially if he
    was already semi-retired, as many are in certain areas of the country..

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Mon Mar 2 16:40:18 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 02:36 pm, Roland Perry wrote:

    Norman Wells <hex@unseen.ac.am> remarked:

    And if farms cease, so does the food they produce.

    Because no-one will ever, ever, buy that land and grow food on it again. Right, I see.**

    But has any UK government any (moral) right to operate a tax system
    which simply forces sale of land owned by a family or individual to
    someone else and is designed for that purpose?

    Are "wealth taxes" (and inheritance taxes masquerading as wealth taxes), manipulated to appeal to know-nothings riven with envy, a good thing in
    any sense?

    Thou shalt not covet...

    Who was it who wrote that?

    [** It's perhaps more likely in this era that a farmer will sell the
    land most susceptible to planning consent and the building of houses
    that no-one in the area wants. I suppose some of the new residents might
    grow tomatoes in a back-garden greenhouse.]

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Simon Parker@simonparkerulm@gmail.com to uk.legal.moderated on Mon Mar 2 18:07:03 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 11:51, Roland Perry wrote:
    In message <n0bdudFgmqhU1@mid.individual.net>, at 17:24:28 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 24/02/2026 17:30, Roland Perry wrote:

    -aLandlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    The person you have been referring to as a lodger is, in fact, the
    spouse?

    Only for the last week of the landlord's life.

    The duration is immaterial. They were legally married at the point of
    death. All benefits arising from being spouses are in play.

    Unless and until there is proof of foul play which you've clearly stated
    is not even suspected, never mind evidenced.


    With respect, it would have been useful if you had led with that fact
    as that is something of a game changer.

    A partner, never mind a spouse, is generally not considered a legal
    lodger, nor can they be recognised as such for tax purposes, (e.g. the
    Rent-a-Room Scheme).

    A spouse usually has "Home Rights" meaning they have a right to live
    in the matrimonial home, even if they do not own it, or are not on the
    mortgage or tenancy and they cannot be treated as a lodger or evicted
    without a court order.

    And that works if they've only been a spouse (rather than a friend who
    was a lodger) for a week?

    Yes. The second the marriage was legalised, the spousal relationship
    took effect with all that entails. The creation of the spousal
    relationship supersedes any landlord / tenant relationship that may have existed previously, but as no rent was being paid and the agreement had
    not been formalised, it is an arguable that the spouse was not even a
    lodger prior to becoming a spouse. (Possibly a licensee, but more
    likely a guest.)


    But my question isn't about eviction, rather
    it's whether rent is due to the intestate estate, in the year before
    said spouse-for-a-week gets appointed as PR, and the months after that before probate is obtained naming them as the beneficiary.

    Widows / widowers are not expected to make payments to the estate in
    lieu of rent whilst probate is progressing. If you believe otherwise, I
    would need to press you for a source of your belief.


    Additionally, if the spouse completes Form HR1 to formalise their home
    rights with the Land Registry their interests are protected and the
    home cannot be sold or mortgaged without their consent.

    It should be noted that home rights do not automatically give the
    spouse ownership of the property, but it permits them to occupy the
    home as if they were an owner.

    In the week between the death-bed wedding and the landlord's demise
    (which caught everyone on the hop) no paperwork at all was done.

    Filing the form merely formalises the rights which were automatically
    created at the point of marriage. If it is unlikely that said rights
    were going to be formally challenged, there is no need to go to the
    trouble and expense of formalising them.

    But they exist, whether formalised or not.


    -aActually, the NHS's definition of NoK is "someone who can drive you
    home-a from the hospital". Doesn't even need to be a relative. My NoK
    is my-a girlfriend.

    With the greatest of respect, this is a legal newsgroup not a medical
    one.-a For the purposes of this discussion, the NHS' definition of NoK
    is completely irrelevant.

    As far as intestacy is concerned, the NoK is the closest living relative.

    In the instant case, the spouse is the NoK.

    But not instantly (in the absence of a will) the PR, nor the owner of
    any of the deceased's property.

    No. But, as previously explained. the widow/er has a right to live in
    the house without needing to pay "market rent into escrow", which was
    your original query, or indeed any rent, in any form, to anyone or anywhere.

    I do not think I can make the point more clearly.


    -aFor perhaps 50yrs a friend, and for one week a spouse. Lodger also
    has-a two houses of their own, one of which I expect is their formal
    permanent-a residence, but was a roughly 50% lodger in the landlord's
    house.

    Regardless of their living arrangements prior to marriage, as soon as
    they married, the spouse ceased being a lodger and the house became
    their matrimonial home with all that this entails (see home rights
    above).

    Even without having filed the form?

    Yes. The form merely formalises the rights already granted by the marriage.


    -aYes. And being the spouse is now the beneficiary of the intestate
    estate. But for about a year no-one had yet been appointed as PR.

    I do not see what difference you think this makes.-a Perhaps you could
    clarify?

    It's not inevitable that the ex-lodger and instant spouse will be
    appointed PR. Likely, but not inevitable.

    I can think of no circumstances that could be applied to this case in
    which it is anything but inevitable that the spouse is the primary Next
    of kin and therefore has priority to administer the estate.

    Divorce or legal separation? No!

    Presence of a valid will? No!

    Invalid / Void marriage? No!

    What circumstances do you have in mind that apply to the instant case in
    which the spouse is not primary next of kin and therefore has priority
    to administer the estate.

    I am genuinely interested, because, having giving the matter some
    thought, I cannot envision any.


    -aOnce they *are* the PR, I agree. It's the previous year I'm
    interested-a in.

    Are you able / willing to say why you're interested in the previous year?

    That previous year, between the landlord's death and PR (later there was probate), can the "lodger" squat paying no rental, or should they at
    least be putting it into escrow for whoever eventually gets appointed as
    PR.

    As previously advised, a *lodger* is advised to put aside the money they
    have previously been paying in rent to forward to the PR, once
    appointed, to go to the estate when demanded by the PR.

    In the instant case, the *lodger* had been paying zero rent meaning the
    amount the *lodger* should put aside, (note "aside" - not "in escrow"),
    would be -u0 per rental period.

    However, the second the marriage took place, the lodger, (if that is
    indeed what they were), became a spouse with all the rights that this entailed, included the right to live in the matrimonial home unless and
    until probate is completed, absent a specific agreement to the contrary,
    which does not exist in the instant case.

    Regards

    S.P.

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Simon Parker@simonparkerulm@gmail.com to uk.legal.moderated on Mon Mar 2 18:07:56 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri, 27
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    -aIn the week between the death-bed wedding and the landlord's demise
    (which caught everyone on the hop) no paperwork at all was done.

    What 'paperwork' do you have in mind?

    It would have helped a lot if the deceased had made a new will (the
    previous one being automatically nullified by the wedding) and also put
    the house into joint names, rather than his sole name.

    They did think he might live for three or four weeks, rather than one,
    but that's just yet another thing the NHS got wrong.

    Why do you think any of that might have helped? What difference do you
    think it will make to the eventual outcome which is the spouse getting
    the lot, assuming that was the deceased's wish?

    Regards

    S.P.

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Simon Parker@simonparkerulm@gmail.com to uk.legal.moderated on Mon Mar 2 18:11:15 2026
    From Newsgroup: uk.legal.moderated

    On 27/02/2026 12:03, Roland Perry wrote:
    In message <n0bdqdFgm9fU1@mid.individual.net>, at 17:22:20 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:

    What is the precise relationship between the deceased and the lodger /
    Nok / PR?

    The lodger was the deceased's spouse for a week, before he died.
    Appointed PR at least a year later.

    So a spouse then, rather than a lodger, regardless of the form the relationship took prior to marriage.


    What is the approximate value of the estate please and did the
    deceased have any children?

    No children have emerged from the woodwork. The estate is worth about -u3m.

    Thereby demonstrating that marriage was an eminently sensible move to
    avoid sending a large chunk of change in the general direction of the Government's coffers.


    Was the house owned solely by the deceased, or as joint tenants or as
    tenants in common?

    Solely by the deceased.

    Meaning the spouse needs to complete form AS1 (Assent) to transfer the property into their name, form AP1 (Change the Register) and submit both
    forms plus a copy of the death certificate, and Probate to the Land
    Registry along with the necessary fees and they become the legal
    registered owner of the property.

    Were the property held as Joint tenants, the spouse would still need to complete form DJP (Deceased Joint Proprietor) to remove the name of the deceased.

    In short, there's forms to complete and fees to pay regardless of the ownership structure.

    Neither is particularly onerous, IMHO. YMMV.

    In the name of completeness, had the deceased been minded to change the ownership structure whilst still alive, they would have needed to
    complete forms TR1 (Transfer of Registered Title) and AP1, and then send
    them along with relevant ID and the necessary fees to the Land Registry.

    The astute will notice that the only difference in doing this prior to
    or after the death is the use of form TR1 (if still alive) or form AS1
    (if deceased).

    If I were given a time to live of a few weeks, I do not think I would
    want to spend a notable portion of that time completing forms that can
    be sorted just as easily once I have shuffled off my mortal coil.
    Again, YMMV.


    -aGiven the lodger, NoK, and eventual PR are all the same person...
    -aBut no payments made anyway.

    Ever, or only since the death?

    Both.

    Meaning it is likely that, prior to the marriage, they were at best a "licensee" (a sub-category of lodger with even fewer rights than a
    traditional lodger) but more likely a "guest".

    However, all of this is academic. They were married at the point of
    death and were thus a spouse.


    Let's try a different question: once the landlord dies, should the
    lodger pay market rent into escrow, in case in the fullness of time
    the-a beneficiary doesn't turn out to be them? And do they have to log
    the-a wine they've drunk.

    The amount the lodger must pay remains the same after the death of the
    landlord as it was beforehand.-a "Market rent" does not enter the
    equation nor does "escrow".

    It may be suggested to the lodger, but is in no way mandated, that
    they set aside the rent money, preferably in a separate account, but
    this is some considerable way short of paying "market rent into escrow".

    OK, that clarifies. However a third party appeared offering the estate
    many thousands a month rental, but this was turned down by the not-yet-
    PR. Who continued living there about half the time (and in their own properties the other half of the time).

    Speaking strictly legally, (which is the default for this group), the
    spouse had no option but to refuse the offer of a tenancy from a third
    party as they could not legally grant a tenancy to someone until they
    were formally appointed as the PR.

    I confess that I still haven't the first clue where you're heading with
    this thread.

    Regards

    S.P.

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From SH@i.love@spam.com to uk.legal.moderated on Mon Mar 2 19:29:05 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 13:39, Roger Hayter wrote:
    On 2 Mar 2026 at 12:13:14 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 11:03, Roger Hayter wrote:
    On 2 Mar 2026 at 10:50:53 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n0l16oF17blU4@mid.individual.net>, at 08:48:23 on Mon, 2 Mar >>>> 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1 >>>>>> Mar 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than >>>>>>>>> one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how >>>>>>>> long someone had to live. My experience is that they *always* >>>>>>>> overestimated. It must be built in professionally to be optimistic, >>>>>>>> as that's normally best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an >>>>>>> aggressive form of pancreatic cancer in fact, who said that 18 months >>>>>>> ago he was told by his oncologist that he had just 6 months to live. >>>>
    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the pancreas. >>>>> They die because that organ is incapacitated.

    Don't give up the day-job. That's not the process involved, because they >>>> can stent the pancreas, it's spread to other organs (often the liver)
    which matters.

    Indeed, occasionally it is appropriate to remove the whole pancreas (and >>> adjacent bits) in the hope of a cure.

    Of course, if you can remove the organ with the aggressive cancer, it
    won't be that which kills you. Leave it alone, though, and I think you
    need to worry more about that than where it may have spread.

    Anyway, an organ that can be removed is by definition not a vital organ.

    That rather contradicts your statement above, saying the pancreas was a vital organ. And just to contradict your above declaration I have a neighbour who has been cancer free for about five years following complete removal of his liver. I leave how that works to ingenuity of the reader.


    he had a liver transplant?

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From SH@i.love@spam.com to uk.legal.moderated on Mon Mar 2 19:30:04 2026
    From Newsgroup: uk.legal.moderated

    On 02/03/2026 14:23, Norman Wells wrote:
    On 02/03/2026 13:39, Roger Hayter wrote:
    On 2 Mar 2026 at 12:13:14 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 11:03, Roger Hayter wrote:
    On 2 Mar 2026 at 10:50:53 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>
    In message <n0l16oF17blU4@mid.individual.net>, at 08:48:23 on Mon,
    2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1 >>>>>>> Mar-a 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than >>>>>>>>>> one,-a but that's just yet another thing the NHS got wrong.

    -a-a-a On several occasions, I had good reason for asking doctors how >>>>>>>>> long-a someone had to live. My experience is that they *always* >>>>>>>>> overestimated.-a It must be built in professionally to be
    optimistic,
    as that's normally-a best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an >>>>>>>> aggressive form of pancreatic cancer in fact, who said that 18 >>>>>>>> months
    ago he was told by his oncologist that he had just 6 months to >>>>>>>> live.

    -a-a That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the
    pancreas.
    They die because that organ is incapacitated.

    Don't give up the day-job. That's not the process involved, because >>>>> they
    can stent the pancreas, it's spread to other organs (often the liver) >>>>> which matters.

    Indeed, occasionally it is appropriate to remove the whole pancreas
    (and
    adjacent bits) in the hope of a cure.

    Of course, if you can remove the organ with the aggressive cancer, it
    won't be that which kills you.-a Leave it alone, though, and I think you >>> need to worry more about that than where it may have spread.

    Anyway, an organ that can be removed is by definition not a vital organ.

    Well, the pancreas is generally regarded as a vital organ, for example:

    https://www.healthdirect.gov.au/pancreas

    That's perhaps why it is only removed in a very small number of cases. Heaven knows what external plumbing or extreme treatment for life is
    then required to keep the patient alive and what the prognosis may be. I imagine a major side-effect of removal is death.

    That rather contradicts your statement above, saying the pancreas was
    a vital
    organ. And just to contradict your above declaration I have a
    neighbour who
    has been cancer free for about five years following complete removal
    of his
    liver. I leave how that works to ingenuity of the reader.

    The existence of possible external machines and pipework that can mimic
    the function of a vital organ does not detract from its being a vital
    organ in the first place.




    I was aware of dialysis machines in the case of kidney failure but
    didn't think there was a similar treatment for total liver failure?

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Mar 2 20:27:16 2026
    From Newsgroup: uk.legal.moderated

    On 2 Mar 2026 at 14:25:15 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 13:34, Roger Hayter wrote:
    On 2 Mar 2026 at 11:54:21 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 10:58, Roland Perry wrote:
    In message <10o3lpr$112cq$1@dont-email.me>, at 09:38:03 on Mon, 2 Mar
    2026, Handsome Jack <jack@handsome.com> remarked:
    On Mon, 2 Mar 2026 08:39:37 +0000, Roland Perry wrote:


    Although that makes me want to ask another question - if a house is put >>>>>> into joint names without being spouses, does that have IHT implications >>>>>> if the original owner doesn't live seven years.

    Yes.

    Is this what the
    mechanism behind the "family farm tax" is all about...

    It's part of it. Family farms are passed to the next generation at some >>>>> point, and that gift will generally be IHTable under the new regime.

    But why doesn't the older generation farmer gift the farm to his
    offspring sufficiently early he has at least 7yrs expected lifespan?

    They can, and now they have to if they want to avoid IHT. Previously,
    passing on farms to offspring was not subject to IHT at all, so there
    was no point in doing it early. Now there's a whole tranche of farmers
    (whose average age is currently about 67 I believe) who may not survive
    another 7 years, so may be caught whatever they plan and do now.

    And this isn't just about farms (although they have tractors to block
    the roads when they feel aggrieved). It's the same for *any* family
    business living over the shop.

    Farming, though, is an extreme asset-rich, cash-poor business. If the
    working assets have to be sold to pay an unexpected tax bill, or even an >>> expected one down the line, the farm ceases. There's nothing with which >>> to carry it on.

    And if farms cease, so does the food they produce.

    Land does not disappear if a farm goes out of business.

    But it won't be farmed, and that's the point.

    Any more than housing
    disappears when private landlords go out of business.

    There is always demand for that. For working farms, I think it is
    rather different.

    You are mistaken; there will *always* be a neighbouring farmer or massive agribusiness just waiting eagerly to snap the land up. No exceptions! As someone said, you might not like their land usage, but it will not lie unused! --

    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Mar 2 20:30:07 2026
    From Newsgroup: uk.legal.moderated

    On 2 Mar 2026 at 14:47:07 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 14:36, Roland Perry wrote:
    In message <n0lc3eF36qeU1@mid.individual.net>, at 11:54:21 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:

    And if farms cease, so does the food they produce.

    Because no-one will ever, ever, buy that land and grow food on it again.
    Right, I see.

    It's hard to see an economic argument for it under the current tax regime.

    I invite you to search in Google for 'how hard is it to make a living
    from farming in uk'.

    And expect entries from at least the 18th century onwards (remember the corn laws?); impending doom hasn't stopped them yet!
    --

    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Mar 2 20:33:17 2026
    From Newsgroup: uk.legal.moderated

    On 2 Mar 2026 at 14:23:10 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 13:39, Roger Hayter wrote:
    On 2 Mar 2026 at 12:13:14 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 11:03, Roger Hayter wrote:
    On 2 Mar 2026 at 10:50:53 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>
    In message <n0l16oF17blU4@mid.individual.net>, at 08:48:23 on Mon, 2 Mar >>>>> 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1 >>>>>>> Mar 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than >>>>>>>>>> one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how >>>>>>>>> long someone had to live. My experience is that they *always* >>>>>>>>> overestimated. It must be built in professionally to be optimistic, >>>>>>>>> as that's normally best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an >>>>>>>> aggressive form of pancreatic cancer in fact, who said that 18 months >>>>>>>> ago he was told by his oncologist that he had just 6 months to live. >>>>>
    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the pancreas. >>>>>> They die because that organ is incapacitated.

    Don't give up the day-job. That's not the process involved, because they >>>>> can stent the pancreas, it's spread to other organs (often the liver) >>>>> which matters.

    Indeed, occasionally it is appropriate to remove the whole pancreas (and >>>> adjacent bits) in the hope of a cure.

    Of course, if you can remove the organ with the aggressive cancer, it
    won't be that which kills you. Leave it alone, though, and I think you
    need to worry more about that than where it may have spread.

    Anyway, an organ that can be removed is by definition not a vital organ.

    Well, the pancreas is generally regarded as a vital organ, for example:

    https://www.healthdirect.gov.au/pancreas

    That's perhaps why it is only removed in a very small number of cases.
    Heaven knows what external plumbing or extreme treatment for life is
    then required to keep the patient alive and what the prognosis may be.
    I imagine a major side-effect of removal is death.

    That rather contradicts your statement above, saying the pancreas was a vital
    organ. And just to contradict your above declaration I have a neighbour who >> has been cancer free for about five years following complete removal of his >> liver. I leave how that works to ingenuity of the reader.

    The existence of possible external machines and pipework that can mimic
    the function of a vital organ

    (insulin injections and enzyme supplements sprinkled on food should do it)



    does not detract from its being a vital
    organ in the first place.
    --
    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Mar 2 20:34:17 2026
    From Newsgroup: uk.legal.moderated

    On 2 Mar 2026 at 19:30:04 GMT, "SH" <i.love@spam.com> wrote:

    On 02/03/2026 14:23, Norman Wells wrote:
    On 02/03/2026 13:39, Roger Hayter wrote:
    On 2 Mar 2026 at 12:13:14 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 02/03/2026 11:03, Roger Hayter wrote:
    On 2 Mar 2026 at 10:50:53 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>>
    In message <n0l16oF17blU4@mid.individual.net>, at 08:48:23 on Mon, >>>>>> 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:40, Roland Perry wrote:
    In message <n0jvmpFr78bU1@mid.individual.net>, at 23:16:41 on Sun, 1 >>>>>>>> Mar 2026, The Todal <the_todal@icloud.com> remarked:
    On 01/03/2026 16:56, GB wrote:
    On 27/02/2026 17:59, Roland Perry wrote:

    They did think he might live for three or four weeks, rather than >>>>>>>>>>> one, but that's just yet another thing the NHS got wrong.

    On several occasions, I had good reason for asking doctors how >>>>>>>>>> long someone had to live. My experience is that they *always* >>>>>>>>>> overestimated. It must be built in professionally to be
    optimistic,
    as that's normally best for the patient's welfare.

    However, about a week ago I spoke to a man with terminal cancer, an >>>>>>>>> aggressive form of pancreatic cancer in fact, who said that 18 >>>>>>>>> months
    ago he was told by his oncologist that he had just 6 months to >>>>>>>>> live.

    That's about right (4-6 months). However, what people die
    *of* is secondary cancer,

    Not if it's an aggressive cancer in a vital organ such as the
    pancreas.
    They die because that organ is incapacitated.

    Don't give up the day-job. That's not the process involved, because >>>>>> they
    can stent the pancreas, it's spread to other organs (often the liver) >>>>>> which matters.

    Indeed, occasionally it is appropriate to remove the whole pancreas
    (and
    adjacent bits) in the hope of a cure.

    Of course, if you can remove the organ with the aggressive cancer, it
    won't be that which kills you. Leave it alone, though, and I think you >>>> need to worry more about that than where it may have spread.

    Anyway, an organ that can be removed is by definition not a vital organ. >>
    Well, the pancreas is generally regarded as a vital organ, for example:

    https://www.healthdirect.gov.au/pancreas

    That's perhaps why it is only removed in a very small number of cases.
    Heaven knows what external plumbing or extreme treatment for life is
    then required to keep the patient alive and what the prognosis may be. I
    imagine a major side-effect of removal is death.

    That rather contradicts your statement above, saying the pancreas was
    a vital
    organ. And just to contradict your above declaration I have a
    neighbour who
    has been cancer free for about five years following complete removal
    of his
    liver. I leave how that works to ingenuity of the reader.

    The existence of possible external machines and pipework that can mimic
    the function of a vital organ does not detract from its being a vital
    organ in the first place.




    I was aware of dialysis machines in the case of kidney failure but
    didn't think there was a similar treatment for total liver failure?

    In his (and presumably all) case(s) he had a liver transplant.
    --

    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Mon Mar 2 20:37:14 2026
    From Newsgroup: uk.legal.moderated

    On 2 Mar 2026 at 18:07:03 GMT, "Simon Parker" <simonparkerulm@gmail.com>
    wrote:

    On 27/02/2026 11:51, Roland Perry wrote:
    In message <n0bdudFgmqhU1@mid.individual.net>, at 17:24:28 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 24/02/2026 17:30, Roland Perry wrote:

    Landlord was on deathbed, and someone advised him that marrying the
    lodger would make things simpler and potentially more tax efficient.

    The person you have been referring to as a lodger is, in fact, the
    spouse?

    Only for the last week of the landlord's life.

    The duration is immaterial. They were legally married at the point of
    death. All benefits arising from being spouses are in play.

    Unless and until there is proof of foul play which you've clearly stated
    is not even suspected, never mind evidenced.


    With respect, it would have been useful if you had led with that fact
    as that is something of a game changer.

    A partner, never mind a spouse, is generally not considered a legal
    lodger, nor can they be recognised as such for tax purposes, (e.g. the
    Rent-a-Room Scheme).

    A spouse usually has "Home Rights" meaning they have a right to live
    in the matrimonial home, even if they do not own it, or are not on the
    mortgage or tenancy and they cannot be treated as a lodger or evicted
    without a court order.

    And that works if they've only been a spouse (rather than a friend who
    was a lodger) for a week?

    Yes. The second the marriage was legalised, the spousal relationship
    took effect with all that entails. The creation of the spousal
    relationship supersedes any landlord / tenant relationship that may have existed previously, but as no rent was being paid and the agreement had
    not been formalised, it is an arguable that the spouse was not even a
    lodger prior to becoming a spouse. (Possibly a licensee, but more
    likely a guest.)


    But my question isn't about eviction, rather
    it's whether rent is due to the intestate estate, in the year before
    said spouse-for-a-week gets appointed as PR, and the months after that
    before probate is obtained naming them as the beneficiary.

    Widows / widowers are not expected to make payments to the estate in
    lieu of rent whilst probate is progressing. If you believe otherwise, I would need to press you for a source of your belief.


    Additionally, if the spouse completes Form HR1 to formalise their home
    rights with the Land Registry their interests are protected and the
    home cannot be sold or mortgaged without their consent.

    It should be noted that home rights do not automatically give the
    spouse ownership of the property, but it permits them to occupy the
    home as if they were an owner.

    In the week between the death-bed wedding and the landlord's demise
    (which caught everyone on the hop) no paperwork at all was done.

    Filing the form merely formalises the rights which were automatically
    created at the point of marriage. If it is unlikely that said rights
    were going to be formally challenged, there is no need to go to the
    trouble and expense of formalising them.

    But they exist, whether formalised or not.


    Actually, the NHS's definition of NoK is "someone who can drive you
    home from the hospital". Doesn't even need to be a relative. My NoK
    is my girlfriend.

    With the greatest of respect, this is a legal newsgroup not a medical
    one. For the purposes of this discussion, the NHS' definition of NoK
    is completely irrelevant.

    As far as intestacy is concerned, the NoK is the closest living relative. >>>
    In the instant case, the spouse is the NoK.

    But not instantly (in the absence of a will) the PR, nor the owner of
    any of the deceased's property.

    No. But, as previously explained. the widow/er has a right to live in
    the house without needing to pay "market rent into escrow", which was
    your original query, or indeed any rent, in any form, to anyone or anywhere.

    I do not think I can make the point more clearly.


    For perhaps 50yrs a friend, and for one week a spouse. Lodger also
    has two houses of their own, one of which I expect is their formal
    permanent residence, but was a roughly 50% lodger in the landlord's
    house.

    Regardless of their living arrangements prior to marriage, as soon as
    they married, the spouse ceased being a lodger and the house became
    their matrimonial home with all that this entails (see home rights
    above).

    Even without having filed the form?

    Yes. The form merely formalises the rights already granted by the marriage.


    Yes. And being the spouse is now the beneficiary of the intestate
    estate. But for about a year no-one had yet been appointed as PR.

    I do not see what difference you think this makes. Perhaps you could
    clarify?

    It's not inevitable that the ex-lodger and instant spouse will be
    appointed PR. Likely, but not inevitable.

    I can think of no circumstances that could be applied to this case in
    which it is anything but inevitable that the spouse is the primary Next
    of kin and therefore has priority to administer the estate.

    Divorce or legal separation? No!

    Presence of a valid will? No!

    Invalid / Void marriage? No!

    What circumstances do you have in mind that apply to the instant case in which the spouse is not primary next of kin and therefore has priority
    to administer the estate.

    I am genuinely interested, because, having giving the matter some
    thought, I cannot envision any.

    Dementia? - a deputy might need to be appointed by the Court?





    Once they *are* the PR, I agree. It's the previous year I'm
    interested in.

    Are you able / willing to say why you're interested in the previous year? >>
    That previous year, between the landlord's death and PR (later there was
    probate), can the "lodger" squat paying no rental, or should they at
    least be putting it into escrow for whoever eventually gets appointed as
    PR.

    As previously advised, a *lodger* is advised to put aside the money they
    have previously been paying in rent to forward to the PR, once
    appointed, to go to the estate when demanded by the PR.

    In the instant case, the *lodger* had been paying zero rent meaning the amount the *lodger* should put aside, (note "aside" - not "in escrow"),
    would be -u0 per rental period.

    However, the second the marriage took place, the lodger, (if that is
    indeed what they were), became a spouse with all the rights that this entailed, included the right to live in the matrimonial home unless and
    until probate is completed, absent a specific agreement to the contrary, which does not exist in the instant case.

    Regards

    S.P.
    --
    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 05:54:51 2026
    From Newsgroup: uk.legal.moderated

    In message <n0l20mF17blU5@mid.individual.net>, at 09:02:13 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 08:39, Roland Perry wrote:
    In message <n0kurpF17blU2@mid.individual.net>, at 08:08:24 on Mon, 2
    Mar 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 07:19, Roland Perry wrote:
    In message <n0ef9lFrt0U1@mid.individual.net>, at 21:05:57 on Fri,
    27 Feba 2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on >>>>>>Fri, 27a Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    aIn the week between the death-bed wedding and the landlord's >>>>>>>>demisea (which caught everyone on the hop) no paperwork at all was done.

    What 'paperwork' do you have in mind?

    aIt would have helped a lot if the deceased had made a new will >>>>>>(thea previous one being automatically nullified by the wedding) >>>>>>and alsoa puta the house into joint names, rather than his sole name. >>>>>
    Maybe he had other things on his mind.

    aYes he did, but a simple will could potentially have been drummed


    He presumably married on his death bed to ensure that his wife >>>benefitted properly from his estate.
    Which would have been much better organised with even just a simple >>will.

    Who would that have benefitted apart from his wife, in your opinion?

    You? A friend of yours?

    Quite a few friends would have had less uncertainty to worry about. They
    could have spent the time helping organise the funeral, and so on,
    rather than fretting about the possibility of intermeddling and the
    PR/probate process dragging on and on.

    If he meant his wife to inherit the lot, as it appears, he did what was >important. Intestate estates are really not difficult to sort out.

    But there's a period of limbo, when things have to be done properly.

    aShe will now.a She may not have under the terms of any previous Will.
    We don't know that. But it's not obvious who else the estate would
    have been left to.

    Then let it rest. Why are you so concerned?

    Unlike some others, I like to help people out when they are in difficult circumstances.

    However, even years before getting married the house could have been
    put in joint names, which also would have simplified things.

    For whom?

    Perhaps the surviving spouse might have wanted to sell the house sooner
    rather than later.

    What does it matter to you?

    Unlike some others, I like to help people out when they are in difficult circumstances.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 06:16:27 2026
    From Newsgroup: uk.legal.moderated

    In message <n0m1u8F6s8aU1@mid.individual.net>, at 18:07:03 on Mon, 2 Mar
    2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 27/02/2026 11:51, Roland Perry wrote:
    In message <n0bdudFgmqhU1@mid.individual.net>, at 17:24:28 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 24/02/2026 17:30, Roland Perry wrote:

    aLandlord was on deathbed, and someone advised him that marrying
    the lodger would make things simpler and potentially more tax >>>>efficient.

    The person you have been referring to as a lodger is, in fact, the >>>spouse?
    Only for the last week of the landlord's life.

    The duration is immaterial. They were legally married at the point of >death. All benefits arising from being spouses are in play.

    Unless and until there is proof of foul play which you've clearly
    stated is not even suspected, never mind evidenced.


    With respect, it would have been useful if you had led with that
    fact as that is something of a game changer.

    A partner, never mind a spouse, is generally not considered a legal >>>lodger, nor can they be recognised as such for tax purposes, (e.g.
    the Rent-a-Room Scheme).

    A spouse usually has "Home Rights" meaning they have a right to live
    in the matrimonial home, even if they do not own it, or are not on
    the mortgage or tenancy and they cannot be treated as a lodger or >>>evicted without a court order.
    And that works if they've only been a spouse (rather than a friend
    who was a lodger) for a week?

    Yes. The second the marriage was legalised, the spousal relationship
    took effect with all that entails. The creation of the spousal
    relationship supersedes any landlord / tenant relationship that may
    have existed previously, but as no rent was being paid and the
    agreement had not been formalised, it is an arguable that the spouse
    was not even a lodger prior to becoming a spouse. (Possibly a
    licensee, but more likely a guest.)

    The word I originally used was "lodger".

    But my question isn't about eviction, rather it's whether rent is
    due to the intestate estate, in the year before said
    spouse-for-a-week gets appointed as PR, and the months after that
    before probate is obtained naming them as the beneficiary.

    Widows / widowers are not expected to make payments to the estate in
    lieu of rent whilst probate is progressing. If you believe otherwise,
    I would need to press you for a source of your belief.

    I've seen some sources which say the matters under discussion are
    handled differently if the survivor is living overseas. And some which
    claim the house has to be their permanent residence, even if living in
    the UK. Don't have any urls to hand, though.

    There's also the matter I hinted at some days ago: is it OK to drink the contents of the wine cellar, which at that stage belongs to the estate
    not the survivor.

    In a quite separate case I heard about last year, the assumed
    beneficiaries (although the will hadn't even been found yet) turned up
    at the deceased's house the day after, and started clearing things they
    took a fancy to. When the will turned up a few days later, naming
    solicitors as executors, they very quickly acted to secure the premises.

    If there had been a lodger present, would they have been unable to do
    that?

    as previously explained. the widow/er has a right to live in the house >without needing to pay "market rent into escrow", which was your
    original query, or indeed any rent, in any form, to anyone or anywhere.

    I do not think I can make the point more clearly.

    Indeed.

    aFor perhaps 50yrs a friend, and for one week a spouse. Lodger also >>>>hasa two houses of their own, one of which I expect is their formal >>>>permanenta residence, but was a roughly 50% lodger in the landlord's


    Regardless of their living arrangements prior to marriage, as soon
    as they married, the spouse ceased being a lodger and the house
    became their matrimonial home with all that this entails (see home >>>rights above).
    Even without having filed the form?

    Yes. The form merely formalises the rights already granted by the marriage.

    aYes. And being the spouse is now the beneficiary of the intestate >>>>estate. But for about a year no-one had yet been appointed as PR.

    I do not see what difference you think this makes.a Perhaps you
    could clarify?

    It's not inevitable that the ex-lodger and instant spouse will be >>appointed PR. Likely, but not inevitable.

    I can think of no circumstances that could be applied to this case in
    which it is anything but inevitable that the spouse is the primary Next
    of kin and therefore has priority to administer the estate.

    Divorce or legal separation? No!

    Presence of a valid will? No!

    Invalid / Void marriage? No!

    What circumstances do you have in mind that apply to the instant case
    in which the spouse is not primary next of kin and therefore has
    priority to administer the estate.

    I am genuinely interested, because, having giving the matter some
    thought, I cannot envision any.

    Maybe the deceased had a child no-one previously knew about.

    the second the marriage took place, the lodger, (if that is indeed what
    they were), became a spouse with all the rights that this entailed,
    included the right to live in the matrimonial home unless and until
    probate is completed, absent a specific agreement to the contrary,
    which does not exist in the instant case.

    Not wishing to pull rabbits out of a hat, but if the deceased had a
    buy-to-let with a tenant in it, would the spouse be able to claim that
    as a home, for example if it were more convenient to live in than the
    one previously discussed.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 06:26:43 2026
    From Newsgroup: uk.legal.moderated

    In message <8383440112.d2422ea2@uninhabited.net>, at 20:37:14 on Mon, 2
    Mar 2026, Roger Hayter <roger@hayter.org> remarked:

    What circumstances do you have in mind that apply to the instant case in
    which the spouse is not primary next of kin and therefore has priority
    to administer the estate.

    I am genuinely interested, because, having giving the matter some
    thought, I cannot envision any.

    Dementia? - a deputy might need to be appointed by the Court?

    Or they might have passed away themselves, in the interim.

    And with no will, there also won't be a fallback clause to make the
    spouse's relatives (or whoever) beneficiaries, rather than the first-deceased's. Or is that handled by the intestacy pecking order.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 06:27:58 2026
    From Newsgroup: uk.legal.moderated

    In message <n0m1vtF6s8aU2@mid.individual.net>, at 18:07:56 on Mon, 2 Mar
    2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 27/02/2026 17:59, Roland Perry wrote:
    In message <n0dhosFqjbsU3@mid.individual.net>, at 12:42:02 on Fri, 27
    Feb 2026, Norman Wells <hex@unseen.ac.am> remarked:

    aIn the week between the death-bed wedding and the landlord's
    demise (which caught everyone on the hop) no paperwork at all was done. >>>
    What 'paperwork' do you have in mind?

    It would have helped a lot if the deceased had made a new will (the >>previous one being automatically nullified by the wedding) and also
    put the house into joint names, rather than his sole name.

    They did think he might live for three or four weeks, rather than
    one, but that's just yet another thing the NHS got wrong.

    Why do you think any of that might have helped? What difference do you >think it will make to the eventual outcome which is the spouse getting
    the lot, assuming that was the deceased's wish?

    It would have avoided a year or so of limbo while all the paperwork was
    done.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 06:44:33 2026
    From Newsgroup: uk.legal.moderated

    In message <n0m264F6tu1U1@mid.individual.net>, at 18:11:15 on Mon, 2 Mar
    2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 27/02/2026 12:03, Roland Perry wrote:
    In message <n0bdqdFgm9fU1@mid.individual.net>, at 17:22:20 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:

    What is the precise relationship between the deceased and the lodger
    / Nok / PR?
    The lodger was the deceased's spouse for a week, before he died. >>Appointed PR at least a year later.

    So a spouse then, rather than a lodger, regardless of the form the >relationship took prior to marriage.


    What is the approximate value of the estate please and did the
    deceased have any children?
    No children have emerged from the woodwork. The estate is worth
    about u3m.

    Thereby demonstrating that marriage was an eminently sensible move to
    avoid sending a large chunk of change in the general direction of the >Government's coffers.


    Was the house owned solely by the deceased, or as joint tenants or
    as tenants in common?
    Solely by the deceased.

    Meaning the spouse needs to complete form AS1 (Assent) to transfer the >property into their name, form AP1 (Change the Register) and submit
    both forms plus a copy of the death certificate, and Probate to the
    Land Registry along with the necessary fees and they become the legal >registered owner of the property.

    Were the property held as Joint tenants, the spouse would still need to >complete form DJP (Deceased Joint Proprietor) to remove the name of the >deceased.

    Thanks, I'd never heard of that form before. Clearly another of the gaps
    in the "Tell us once" procedure.

    In short, there's forms to complete and fees to pay regardless of the >ownership structure.

    Neither is particularly onerous, IMHO. YMMV.

    In the name of completeness, had the deceased been minded to change the >ownership structure whilst still alive, they would have needed to
    complete forms TR1 (Transfer of Registered Title) and AP1, and then
    send them along with relevant ID

    I'm told one of the issues during the week things imploded, was finding
    stuff like IDs. It got worse, because a lot of the deceased's paperwork
    was locked inside an Apple laptop, which to this day no-one has been
    able to access.

    and the necessary fees to the Land Registry.

    The astute will notice that the only difference in doing this prior to
    or after the death is the use of form TR1 (if still alive) or form AS1
    (if deceased).

    If I were given a time to live of a few weeks, I do not think I would
    want to spend a notable portion of that time completing forms that can
    be sorted just as easily once I have shuffled off my mortal coil.
    Again, YMMV.

    Obviously, one would try to engage the enthusiasm of a suitable
    paralegal, but they often take more than a week to reply to an initial
    request for help.

    aGiven the lodger, NoK, and eventual PR are all the same person...
    aBut no payments made anyway.

    Ever, or only since the death?
    Both.

    Meaning it is likely that, prior to the marriage, they were at best a >"licensee" (a sub-category of lodger with even fewer rights than a >traditional lodger) but more likely a "guest".

    However, all of this is academic. They were married at the point of
    death and were thus a spouse.

    Let's try a different question: once the landlord dies, should the >>>>lodger pay market rent into escrow, in case in the fullness of time >>>>thea beneficiary doesn't turn out to be them? And do they have to
    log thea wine they've drunk.

    The amount the lodger must pay remains the same after the death of
    the landlord as it was beforehand.a "Market rent" does not enter the >>>equation nor does "escrow".

    It may be suggested to the lodger, but is in no way mandated, that
    they set aside the rent money, preferably in a separate account, but >>>this is some considerable way short of paying "market rent into escrow".

    OK, that clarifies. However a third party appeared offering the
    estate many thousands a month rental, but this was turned down by the >>not-yet- PR. Who continued living there about half the time (and in
    their own properties the other half of the time).

    Speaking strictly legally, (which is the default for this group), the
    spouse had no option but to refuse the offer of a tenancy from a third
    party as they could not legally grant a tenancy to someone until they
    were formally appointed as the PR.

    Although they did shuffle some of the estate's physical assets to third parties, long before formally appointed PR. Naughty, or nice?

    I confess that I still haven't the first clue where you're heading with
    this thread.

    I've been involved in helping administer the estates of four quite close friends/relatives the last couple of years, and I'm sure others will appreciate a light shining on some of the intricacies, in case they end
    up in the same position.

    Also, some of us are getting to the stage in life where it might be
    useful to pre-empt some of the hiccups which might result should we
    step under a bus earlier than expected.

    One loose end I've not explored is that the deceased was attorney for a lifelong friend with dementure, and I have no idea how that was
    resolved. As far as I know the spouse didn't either automatically or voluntarily pick up that baton.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 06:55:34 2026
    From Newsgroup: uk.legal.moderated

    In message <n0lm7dF4hkaU3@mid.individual.net>, at 14:47:07 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:
    On 02/03/2026 14:36, Roland Perry wrote:
    In message <n0lc3eF36qeU1@mid.individual.net>, at 11:54:21 on Mon, 2
    Mar 2026, Norman Wells <hex@unseen.ac.am> remarked:

    And if farms cease, so does the food they produce.

    Because no-one will ever, ever, buy that land and grow food on it
    again. Right, I see.

    It's hard to see an economic argument for it under the current tax regime.

    I invite you to search in Google for 'how hard is it to make a living
    from farming in uk'.

    You are Jeremy Clarkson, AICMFP.

    Old joke: Q: How can you tell that a farmer is poor?
    A: He can't afford to pay anyone to wash both of his Range
    Rovers.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 06:56:42 2026
    From Newsgroup: uk.legal.moderated

    In message <slrn10qbgee.4ji.jon+usenet@raven.unequivocal.eu>, at
    16:58:54 on Mon, 2 Mar 2026, Jon Ribbens <jon+usenet@unequivocal.eu>
    remarked:

    The fashion right now is to turn the land over to solar farms since it
    generates more income than growing crops and with no effort or risk to
    the farmer (apart from being very unpopular with their neighbours).

    Or perhaps both crops and solar at the same time ("agrivoltaics").

    Or you can have sheep grazing on the grass growing underneath the solar panels.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 07:00:40 2026
    From Newsgroup: uk.legal.moderated

    In message <n0lsrhF5tcaU1@mid.individual.net>, at 16:40:18 on Mon, 2 Mar
    2026, JNugent <JNugent73@mail.com> remarked:
    On 02/03/2026 02:36 pm, Roland Perry wrote:

    Norman Wells <hex@unseen.ac.am> remarked:

    And if farms cease, so does the food they produce.
    Because no-one will ever, ever, buy that land and grow food on it
    again. Right, I see.**

    But has any UK government any (moral) right to operate a tax system
    which simply forces sale of land owned by a family or individual to
    someone else and is designed for that purpose?

    If the people have failed to employ legal IHT avoidance measures, then
    yes.

    Are "wealth taxes" (and inheritance taxes masquerading as wealth
    taxes), manipulated to appeal to know-nothings riven with envy, a good
    thing in any sense?

    No, but we are were we are.

    Thou shalt not covet...

    Who was it who wrote that?

    [** It's perhaps more likely in this era that a farmer will sell the
    land most susceptible to planning consent and the building of houses
    that no-one in the area wants. I suppose some of the new residents
    might grow tomatoes in a back-garden greenhouse.]

    I see such houses springing up near me, but because they are usually
    a self-build, that means someone can and does afford to do the
    construction, with a view to living there. It's a world away from Barratt/Wimpey developments.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 07:02:32 2026
    From Newsgroup: uk.legal.moderated

    In message <n0lkqgF4hkaU1@mid.individual.net>, at 14:23:10 on Mon, 2 Mar
    2026, Norman Wells <hex@unseen.ac.am> remarked:

    Well, the pancreas is generally regarded as a vital organ, for example:

    https://www.healthdirect.gov.au/pancreas

    That's perhaps why it is only removed in a very small number of cases.

    It's only removed in a small number of cases because (a) the surgery is
    very difficult, and (b) by the time it's diagnosed, it's too late.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roger Hayter@roger@hayter.org to uk.legal.moderated on Tue Mar 3 07:28:06 2026
    From Newsgroup: uk.legal.moderated

    On 3 Mar 2026 at 06:44:33 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <n0m264F6tu1U1@mid.individual.net>, at 18:11:15 on Mon, 2 Mar 2026, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 27/02/2026 12:03, Roland Perry wrote:
    In message <n0bdqdFgm9fU1@mid.individual.net>, at 17:22:20 on Thu, 26
    Feb 2026, Simon Parker <simonparkerulm@gmail.com> remarked:

    What is the precise relationship between the deceased and the lodger
    / Nok / PR?
    The lodger was the deceased's spouse for a week, before he died.
    Appointed PR at least a year later.

    So a spouse then, rather than a lodger, regardless of the form the
    relationship took prior to marriage.


    What is the approximate value of the estate please and did the
    deceased have any children?
    No children have emerged from the woodwork. The estate is worth
    about -u3m.

    Thereby demonstrating that marriage was an eminently sensible move to
    avoid sending a large chunk of change in the general direction of the
    Government's coffers.


    Was the house owned solely by the deceased, or as joint tenants or
    as tenants in common?
    Solely by the deceased.

    Meaning the spouse needs to complete form AS1 (Assent) to transfer the
    property into their name, form AP1 (Change the Register) and submit
    both forms plus a copy of the death certificate, and Probate to the
    Land Registry along with the necessary fees and they become the legal
    registered owner of the property.

    Were the property held as Joint tenants, the spouse would still need to
    complete form DJP (Deceased Joint Proprietor) to remove the name of the
    deceased.

    Thanks, I'd never heard of that form before. Clearly another of the gaps
    in the "Tell us once" procedure.

    In short, there's forms to complete and fees to pay regardless of the
    ownership structure.

    Neither is particularly onerous, IMHO. YMMV.

    In the name of completeness, had the deceased been minded to change the
    ownership structure whilst still alive, they would have needed to
    complete forms TR1 (Transfer of Registered Title) and AP1, and then
    send them along with relevant ID

    I'm told one of the issues during the week things imploded, was finding
    stuff like IDs. It got worse, because a lot of the deceased's paperwork
    was locked inside an Apple laptop, which to this day no-one has been
    able to access.

    and the necessary fees to the Land Registry.

    The astute will notice that the only difference in doing this prior to
    or after the death is the use of form TR1 (if still alive) or form AS1
    (if deceased).

    If I were given a time to live of a few weeks, I do not think I would
    want to spend a notable portion of that time completing forms that can
    be sorted just as easily once I have shuffled off my mortal coil.
    Again, YMMV.

    Obviously, one would try to engage the enthusiasm of a suitable
    paralegal, but they often take more than a week to reply to an initial request for help.

    Given the lodger, NoK, and eventual PR are all the same person...
    But no payments made anyway.

    Ever, or only since the death?
    Both.

    Meaning it is likely that, prior to the marriage, they were at best a
    "licensee" (a sub-category of lodger with even fewer rights than a
    traditional lodger) but more likely a "guest".

    However, all of this is academic. They were married at the point of
    death and were thus a spouse.

    Let's try a different question: once the landlord dies, should the
    lodger pay market rent into escrow, in case in the fullness of time
    the beneficiary doesn't turn out to be them? And do they have to
    log the wine they've drunk.

    The amount the lodger must pay remains the same after the death of
    the landlord as it was beforehand. "Market rent" does not enter the
    equation nor does "escrow".

    It may be suggested to the lodger, but is in no way mandated, that
    they set aside the rent money, preferably in a separate account, but
    this is some considerable way short of paying "market rent into escrow".

    OK, that clarifies. However a third party appeared offering the
    estate many thousands a month rental, but this was turned down by the
    not-yet- PR. Who continued living there about half the time (and in
    their own properties the other half of the time).

    Speaking strictly legally, (which is the default for this group), the
    spouse had no option but to refuse the offer of a tenancy from a third
    party as they could not legally grant a tenancy to someone until they
    were formally appointed as the PR.

    Although they did shuffle some of the estate's physical assets to third parties, long before formally appointed PR. Naughty, or nice?

    I confess that I still haven't the first clue where you're heading with
    this thread.

    I've been involved in helping administer the estates of four quite close friends/relatives the last couple of years, and I'm sure others will appreciate a light shining on some of the intricacies, in case they end
    up in the same position.

    Also, some of us are getting to the stage in life where it might be
    useful to pre-empt some of the hiccups which might result should we
    step under a bus earlier than expected.

    One loose end I've not explored is that the deceased was attorney for a lifelong friend with dementure, and I have no idea how that was
    resolved. As far as I know the spouse didn't either automatically or voluntarily pick up that baton.

    If no other person is actually named on the power of attorney the power ceases to be effective with the holder's death.
    --

    Roger Hayter

    --- Synchronet 3.21d-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Tue Mar 3 08:04:17 2026
    From Newsgroup: uk.legal.moderated

    In message <2288587720.cdd8b112@uninhabited.net>, at 07:28:06 on Tue, 3
    Mar 2026, Roger Hayter <roger@hayter.org> remarked:

    One loose end I've not explored is that the deceased was attorney for a
    lifelong friend with dementure, and I have no idea how that was
    resolved. As far as I know the spouse didn't either automatically or
    voluntarily pick up that baton.

    If no other person is actually named on the power of attorney the power ceases >to be effective with the holder's death.

    But what are we supposed to do next? The power in question was because
    the demented friend's wife wasn't trusted to be prudent in managing his affairs.
    --
    Roland Perry

    --- Synchronet 3.21d-Linux NewsLink 1.2