New partner - tenants in common?!

[namestasher]

Hi!
My mum is buying a new house with her new partner. They're both selling their respective homes, and going in together on a larger house, 50/50 split I think.

They've been advised to sign mirror wills and buy the home 'tenants in common.' As opposed to as joint tenants.

This is apparently to protect their respective children's inheritance of their share in the property. The solicitors has advised that myself and my sister, and mum's new partner's two sons, would be listed on the will as having a trust/named on the house due to the tenants in common requirement?

Can anyone explain if this sounds right?
In what way are our interests protected? What would happen after the first death, for example?
Thanks!

it IS the best way to protect childrens' inheritances - joint home ownership means the dead person's share goes straight to the other joint owner - who could then feasibly leave the entire property to their own kids and ignore dead person's kids entirely.

take legal advice but this is what me and DH have done to protect our own kids (none together).

How does it work? Can you elaborate? Thanks :-)

You should ask your mum. For 2 reasons - firstly, she should know what she’s agreeing to. But also, because if she can’t explain it to you, she shouldn’t be signing it.

Tenants in Common means each own a % of the house, so when one dies, that ownership passes to whoever is stated in the will. In this case, you say her children. But… many couples don’t want to make their widowed partner homeless if they can’t afford to buy out the beneficiaries. In which case, it’s very common to give a “life interest” to their partner. Meaning they have control of the house until their death before it passes “in remainder” to the final beneficiaries.

But what if a theoretical mum dies at 60, and child is 30, and her boyfriend lives (with the house) until he’s 90? Is that really what mum wants, her child to wait 30 years to inherit?

If she hasn’t decided on a life interest, how do you feel about forcing her boyfriend to sell up? Legally he has to - but how will you handle that during his bereavement?

You need to speak to your mum, because no-one here knows what she’s decided on in her will.

As Testina highlights, if there is no life interest your mum may have to move out quite quickly if her partner predeceases her and she can’t buy his family out.