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Will advise please

4 replies

Popeyewhereareyou · 26/11/2025 10:51

After some advise please. My partner and I have made mirror wills (joint tenants of house no mortgage). When we bought the house I paid 75% and he paid 25%, we have stated in the wills that my nephew will receive 75% and his children 25% of the house on our deaths. Will this be enough or should we be doing anything else to ensure this happens?
Thanks for any advice.

OP posts:
prh47bridge · 26/11/2025 10:59

If you want to guarantee that your nephew receives 75%, you need to sever the joint tenancy, execute a Deed of Trust setting out that you own 75% of the house and he owns 25%, and change your will to give him a life interest in your 75% of the house with it passing to your nephew on his death. He should similarly give you a life interest in his 25% of the house with it passing to his children on your death.

As things stand, he could change his will after you die to disinherit your nephew, or he could remarry and fail to execute a new will, in which case his new wife would get everything.

Sunshinesmon · 26/11/2025 11:01

That's OK if he does first. The likelihood if you go first is that his DC (or his new wife) will get everything.

Popeyewhereareyou · 26/11/2025 13:38

Thank you so much for your replies...I'm off to get a Deed of Trust!!

OP posts:
Crescentman · 01/03/2026 16:53

You should consider severance of joint tenancy, to become Tenants in Common. Never gift the property direct to beneficiaries on first death. You could complete a separate deed to indicate 75 / 25 spilt. It is important that the correct protection Wills are drafted. You could consider that on 2nd death the estate is 75/25 spilt without a deed. Important to obtain professional advice based on your circumstances

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