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Tenants in Common
Comments
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Rereading the first post, it is not clear whether the share as tenants in common has been left to the children or not. I am assuming the other property was given to the children in her will, if so what does the will say about the rest of the estate?
I can't see any other possibility. The husband would have been the next of kin, so without a will he would have inherited. The children inherited ergo there was a will.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
Joint tenancy is best avoided for the following reasons. W dies and all of house passes by survivorship to H. H then remarries and has children by second marriage. H dies leaving all house to second wife and children. Children of first marriage have been deprived of their inheritance.
This assumes that children have some "right to inherit" - They do not, unless the person dies intestate.This is an open forum, anyone can post and I just did !0 -
Fire_Fox wrote:I can't see any other possibility. The husband would have been the next of kin, so without a will he would have inherited. The children inherited ergo there was a will.sloughflint wrote:I suppose if the other house was a specific gift to the children and the residue maybe went to the husband then the wife's share of the family home would have gone to him that way?
But I guess that's pretty unlikely. Why would they have gone to the trouble to sever the tenancy?
....Or the mother may have gifted the (other) house to the children in her lifetime and then not made a will? The kids and the husband may have inherited the share of the house under the intestacy laws, which 3 years ago mean spouse only received the first 125k.
I think we need some clarification.[FONT="]Public wealth warning![/FONT][FONT="] It's not compulsory for solicitors or Willwriters to pass an exam in writing Wills - probably the most important thing you’ll ever sign.[/FONT]
[FONT="]Membership of the Institute of Professional Willwriters is acquired by passing an entrance exam and complying with an OFT endorsed code of practice, and I declare myself a member.[/FONT]0 -
If the mother gifted her share of the house to the children, surely it doesn't matter whether she makes a will as the house already belongs to the children??Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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There has been no mention of a will so far and there is a different property involved.jangor wrote:The children were left a separate property by their mother which they presently rent out. I am just trying to make sense of Tenants in Common.[FONT="]Public wealth warning![/FONT][FONT="] It's not compulsory for solicitors or Willwriters to pass an exam in writing Wills - probably the most important thing you’ll ever sign.[/FONT]
[FONT="]Membership of the Institute of Professional Willwriters is acquired by passing an entrance exam and complying with an OFT endorsed code of practice, and I declare myself a member.[/FONT]0 -
Which again suggests a will ....Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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Likely, but we don't know that for sure.Fire_Fox wrote:Which again suggests a will ....[FONT="]Public wealth warning![/FONT][FONT="] It's not compulsory for solicitors or Willwriters to pass an exam in writing Wills - probably the most important thing you’ll ever sign.[/FONT]
[FONT="]Membership of the Institute of Professional Willwriters is acquired by passing an entrance exam and complying with an OFT endorsed code of practice, and I declare myself a member.[/FONT]0
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