Leaving house to children

tutti_fruity

If someone dies and leave their 50% share of a property to their adult children equally (whom each own a family home property), the surviving spouse owning the other 50%.

What are the implications to the surviving spouse?

And also to the adult children?

Would probate have to be applied for?

RAS

Rather a lot of questions befor anyone can help you properly.

In which country did the deceased live?

Was the house held as joint tenants or tenants in common (assuming England and Wales)?

Has the life interest in the 50% left to the children been left to the spouse? if so anything about repairs and maintenance?

Is the spouse the children's mother?

tutti_fruity

Thank you for your reply.

It's in England.

I presume it's joint tenants.

Yes the surviving spouse is parent also to the children.

The 50% been equally left to the children and not to the surviving spouse, it's been done in error.

RAS

tutti_fruity wrote: »

I presume it's joint tenants.

The 50% been equally left to the children and not to the surviving spouse, it's been done in error.

Do not presume anything. Get the deeds from the Land Registry.

If it is a joint tenancy then the surviving spouse is the sole surviver and now sole tenant, so 50% cannot be left to the children as that is 50% of nothing.

If it is tenants in common and the deceased owned 50% or more, they can leave 50% to the children.

So you have to know the legal situation re the tenancy.

SailorSam

It would be more usual i would think to have some sort of clause saying the partner could stay there until his/her death. Shows the importance of getting a proper will done.

tutti_fruity

I looked on the Land Registry and there is no data for the address.

Does it mean then if its joint tenants the deceased parent cannot leave their 50% share to the children?

After the surviving parent days the house goes equally to the children.

I agree about the will being worded correctly, the lack of a few words could cost a lot of heartache!

troubleinparadise

tutti_fruity wrote: »

I looked on the Land Registry and there is no data for the address.

Does it mean then if its joint tenants the deceased parent cannot leave their 50% share to the children?

After the surviving parent days the house goes equally to the children.

I agree about the will being worded correctly, the lack of a few words could cost a lot of heartache!

In that case, you need to track down the deeds - perhaps being held by whoever loaned the mortgage, a bank, a solicitor - hopefully not by the owner/s! Then you should know what the ownership structure was, after which you will be able to make progress.

RAS

How long have the couple lived in the house??

tutti_fruity

60 plus years!

RAS

So it will not have changed hands and no-one thought to voluntarily register the ownership.

Does the surviving spouse have any idea where the deeds are? The solicitors who organised the purchase (the Law Society may know who took them over), their bank, the solicitor who wrote the will???

Quite possible in this instance that the man would have been the sole tenant as women were not always put on the deeds at that time.

tutti_fruity

The house was bought by the surviving spouses relative and was gifted to them both.

Both names are on the deeds.

Will the house automatically go to the surviving spouse? Which was the original intention it's just the wills been worded incorrectly!

The children don't mind! Will they need a solicitor to sort out or will it be possible to do yourself?