News Article

It’s a Family Affair

Most people purchase property as joint tenants. For those happily married couples with their own children this may well be the simplest and most appropriate option because the property automatically passes to the surviving spouse by “survivorship” regardless of the deceased spouse’s Will. This makes things easier for the surviving spouse.

However, one thing to consider is;  if the surviving spouse remarries and either has more children or treats their new spouse’s existing children as their own, then they may prepare a new Will splitting their Estate equally between all those children or even leaving everything to their new partner. If they were to remarry and not make a new Will, their Estate would be dealt with as an intestacy and their new partner could potentially end up with everything.

Unfortunately, we live in an era of remarriages and complicated family situations so let’s consider how we can protect our loved ones after we have gone.  One option is to buy property as tenants in common instead of joint tenants. This means that each owner will have a distinct share of the property that is purchased and can therefore pass their share through their Will rather than it passing to the survivor automatically. This could prevent their share from being used to benefit the surviving spouse’s new partner or any other children.

If you and your partner already own your property as joint tenants then you can change this so that you can protect your children’s inheritance for the future.

Don’t leave it until it is too late; make an appointment to discuss your wishes with Charlotte Isherwood at Stonehewer Moss Solicitors.  



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