{"id":2493,"date":"2022-10-06T11:28:10","date_gmt":"2022-10-06T11:28:10","guid":{"rendered":"https:\/\/family-matters.co.uk\/?p=2493"},"modified":"2022-10-06T11:32:39","modified_gmt":"2022-10-06T11:32:39","slug":"will-writing-and-the-family-home","status":"publish","type":"post","link":"https:\/\/family-matters.co.uk\/uncategorized\/will-writing-and-the-family-home\/","title":{"rendered":"Will Writing and the Family Home"},"content":{"rendered":"
Will writing<\/b><\/a> solicitors often say that when people believe they don\u2019t need a Will, it is usually because they believe that the family home will <\/span>automatically pass to their spouse or partner<\/b><\/a>. And when people do write a Will it is out of concern about inheritance and the family home. They want to make sure their partner can continue to live at the property.<\/span><\/p>\n It may come as a surprise to many that if they jointly own a family home, their share in the property <\/span>won\u2019t necessarily pass<\/b><\/a> by their Will (or under intestacy rules if they do not make a Will).\u00a0<\/span><\/p>\n Whether your share in the family home passes under your Will or not depends on whether you own the jointly owned property as joint tenants or as tenants in common.<\/span><\/p>\n For expert estate planning and help with Will writing <\/span>call our team<\/b><\/a> of specialist Will writing lawyers or complete our online <\/span>enquiry form<\/b><\/a>.<\/span><\/p>\n When you write a Will, it is important to know if you own your jointly owned property as joint tenants or as tenants in common. Jointly owned property could be:<\/span><\/p>\n The difference in type of joint ownership is important. Property owned as joint tenants is automatically inherited by your co-owners and property that is owned as tenants in common is different; if one co-owner dies, their share in the property passes via their Will. If they have not made a Will then their share in the property passes under<\/span> intestacy laws<\/b><\/a>.<\/b><\/p>\n Many people think they don\u2019t need a Will as their house will automatically pass to their partner. That may be the case if you are married or you own the property as joint tenants. It won\u2019t be the case if you own the jointly owned family home with your unmarried partner as tenants in common and you haven\u2019t made a Will. That is because your share in the property will pass under intestacy<\/span> rules<\/b><\/a>. <\/b>Unmarried partners<\/b><\/a> do not benefit under those rules.\u00a0<\/span><\/p>\n <\/p>\n Your<\/span> unmarried partner<\/b> <\/a>might be able to <\/span>bring a claim against your estate<\/b><\/a>. This Is only if they fall within the definition of a \u2018dependant\u2019 and there is a lack of reasonable financial\u00a0 provision for them. However, that involves uncertainty and expense, all of which can be avoided by taking legal advice and <\/span>writing a will<\/b><\/a>.<\/span><\/p>\n If you jointly own a property, you may not want your co-owner to inherit your share when you die. Maybe you own a family home with a former spouse or own an investment property with a friend. To avoid the co-owner inheriting your share, you can sever the joint tenancy. This means you own the property as tenants in common. You don\u2019t need your co-owners agreement or consent to do this.<\/span><\/p>\n When severing a joint tenancy there are two points to consider:<\/span><\/p>\n If your family circumstances are complicated you may be unsure as to what decision to make regarding a jointly owned property. Whether <\/span>will writing is the best option<\/span><\/a>, owning the property as joint tenants, or as tenants in common.<\/span><\/p>\n You may be concerned about leaving your share in the family home to a new partner. You might want to balance the needs of your new partner with the needs of your existing children.\u00a0<\/span><\/p>\nRead on to learn more about:<\/span><\/h4>\n
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Joint Property Ownership And Estate Planning<\/span><\/h2>\n
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The Family Home and Will Writing<\/span><\/h2>\n
Severing A Joint Tenancy<\/span><\/h3>\n
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Estate Planning Solutions And The Family Home<\/span><\/h2>\n