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Legal matters

Will / trusts/ survivorship question

1 reply

toosadto · 17/04/2024 16:59

My Dad died suddenly in December. His will looked simple, stating that his wife has a lifetime interest in their home, but that his share of the property would be held in trust for myself and my brother to be transferred to us after her death. Dad's wife and my brother are executors, and my brother has offered his help but has been told that everything is in order and nothing needs to be done. We thought the property was held in equal shares as tenants in common, and I think the first home they bought together was, but their current home is registered as Joint tenants. So does this mean that Dad's wishes stated in his will are disregarded as she now owns the home entirely, due to survivorship rules (England)? I would like to get this all tied up so we all know where we stand, but she's not been very responsive; and I don't want to stir things up as we're all still grieving, especially if it is indeed the case that the whole property is legally hers now. I would be grateful if anyone in the know could clarify this for me please.

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prh47bridge · 17/04/2024 19:07

If it is owned as joint tenants then yes, she owns the home outright and your father's will is irrelevant. If he severed the joint tenancy and they actually own it as tenants in common, 50% of the house falls into his estate and is dealt with according to his will.

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