Many properties are jointly owned (Joint Beneficial Tenants) meaning joint owners each own 100% of the property – they do not own half each.
Consequently, when one owner dies, the survivor still owns 100%.
A joint owner therefore cannot leave their share to anyone in their Will because there is no share to give.
The property automatically passes to the other joint owner.
If a property is jointly owned but one owner wishes to leave their share to someone other than the joint owner, the joint tenancy can be severed and changed to Tenants in Common.
This means each joint owner holds a particular share in the property. Their shares don’t have to be equal.
The owners can leave their share to whomever they wish in their respective Wills.
You can apply for Tenants in Common at www.gov.uk, but if you’d like us to do this on your behalf, please click below to request a call back.
Tenants in Common
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We’ll call you back as soon as possible during working hours.