Legal Question in Real Estate Law in United Kingdom

My mother and I both jointly own a property and our names both appear on the morgage. Unfortunately she has now died. Is it possible for her to will away 50% of the property against my wishes?


Asked on 1/07/10, 2:25 am

1 Answer from Attorneys

Richard Howard Richard Howard & CO

It depends on how you held the property. This should be set out expressly in the transfer or conveyance and will probably be either as Joint Tenants or Tenants in Common. In this Legal sense "Tenant" has nothing to do with renting.

Under a joint tenancy each tenant has an indivisible share in the property and all of the tenants are equally entitled to the whole property. The key feature of a joint tenancy is the right of survivorship. The right of survivorship means that upon the death of one co-owner, that co-owner's interest in the property will pass to the surviving co-owner by law. No action is required to vest the property in the surviving co-owner, as they are already entitled to the whole of the property. The deceased co-owner's interest in the property cannot be inherited by heirs, as the deceased owner did not own a distinct share of the property. Even if the Transfer establishes that the Property was owned as Joint Tenants it needs to be checked if the Joint Tenancy was ever severed.

If co-owners hold the property as tenants in common, they each have a distinct beneficial share in the property.The right of survivorship does not apply where the beneficial interests in a property are held as tenants in common. This means that when one of the co-owners dies their equitable interest in the property will pass under their will or under the intestacy rules

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Answered on 1/12/10, 10:40 am


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