Wills

[millymolls]

Myself and husband have mirror wills where we leave pensions etc to each other but the house is split 50:50 with each persons share going into trust for the children. The surviving spouse has right to remain until children are 25. ( I think without re reading it)
I understand that the house ownership needs to be severed from joint to tenants in common with 50% share each
This was supposed to have been done but I’ve since found out that piece hasn’t happened yet….
We will get this sorted but what would happen in the meantime if one of us were to die without the house ownership being changed ?

House value c£1.5m

The house would go to the joint tenant.

Ok thanks
So the will would still be valid it’s just that the house part would not effectively.
Was concerned this made the will void somehow and we’d be treated as if there was effectively no will in place at all

You really need to ask a solicitor,

I think the will is still valid, but the bequest fails because the house is held as joint tenants.
An example is people leave specific pieces of jewellery in their will, then in their lifetime they gift them to someone else. The will is still valid but that bequest fails.

Thx
Ultimately we need to get the joint tenancy severed and change to tenants in common. Just wondered what would happen if we didn’t !

The will is valid even though you haven't severed the joint tenancy. It just won't do what you want if one of you dies before the tenancy is severed.