What Property Can You Leave By Will? - Joint Tenancy

By Stan Taylor Written on:




Want to make a start on your will?

Making a will is simple

Making a Will is not about wealth it is about making sure that what you want to happen to your estate does happen. It gives you the opportunity to specify such things as who will administer your estate, who will care for your children and who will receive specific items of your property.


Under a joint tenancy the property passes by survivorship and not through the will. This is the most common arrangement encountered amongst married couples.

On the death of one, the house becomes the sole property of the other and this is what the majority of couples would consider their wishes to be. However, there can be a situation where the surviving spouse owning the house outright is undesirable for tax reasons in particular. It is then preferable to hold the house as tenants in common.


Further reading - What Property Can You Leave By Will? - Tenants In Common or Who May Benefit From A Will?


Recommended Solicitors


Free Will Sample download

see: Making a will - The Law Society. Please note that will making differs in Scotland and this website currently deals with English laFree Will download

 

Perhaps you might consider taking legal advice from a solicitor about making a will if any of the following apply to your circumstances:

 

  1. A number of people could make a claim on your estate when you pass away because they depend on yourself financially
  2. You want to include a trust in your will (perhaps to provide for children, to save tax, or simply protect your assets in some way after you become deceased)
  3. Your physical and permanent home is not in the UK and / or you are not a British citizen
  4. You live here in the UK but you have additional property abroad
  5. You own all or part of a UK business.
  6.  

see: Making a will - The Law Society. Please note that will making differs in Scotland and this website currently deals with English law.

"Will Making" in the Media