Does joint tenancy override a will?

Emma_Jane_123

My partner died 4 years ago. We had a joint mortgage on the house. I do not have a relationship with his children who are over 25 years old. I have heard nothing from them in 4 years (eventhough his will said they would inherit his estate) and have been paying the full mortgage payments myself which has been a struggle and i have installed a new kitchen. I received a letter from his brothers solicitor this morning saying that i had to either pay him a third of the houses value or sell my home and give him a third of the proceeds. Can he do this?? I have to respond within 14 days and would be very grateful for any advice which could help me keep my home.

Thanks!

*~Zephyr~*

Is the property definitely held in Joint Tenancy and not Tenants in Common?

AIUI under Joint Tenancy, the right of survivorship exists such that if one owner dies, the remaining joint tenant automatically inherits the property in equal proportions. As a result, Joint property does not form part of the estate on one’s death.

This being the case, his brother can sling his hook - the house is yours, and yours alone.

TrickyTree83

I was under the impression that if there is a joint tenancy in place that the property passes to the spouse upon death of one of them. The deceased estate interests in the property only get released when you either sell or pass away yourself.

Is that wrong?

If I've understood it correctly it would mean the brother has no ability to claim you need to do that.

Mojisola

TrickyTree83 wrote: »

I was under the impression that if there is a joint tenancy in place that the property passes to the spouse upon death of one of them. The deceased estate interests in the property only get released when you either sell or pass away yourself.

Is that wrong?

Yes. You're mixing up different things.

If the house is owned as 'joint tenants', then both owners own all the house - when one owner dies, the other owns all the house. The house does not become part of the deceased's estate at all.

If the house is owned as 'tenants in common', each owner owns a percentage of the house, often 50/50 but could be split in a different proportion. When one owner dies, they can leave their share of the house to anyone they want.

In order to avoid the survivor having to sell up to pay the beneficiaries, there may be a life tenancy given whereby the survivor has the right to stay in the property until death. The beneficiaries of the first will don't receive their inheritance until after the second death (or the house is permanently vacated for other reasons).

getmore4less

It does form part of the taxable estate even if joint tenants.

getmore4less

Emma_Jane_123 wrote: »

My partner died 4 years ago. We had a joint mortgage on the house. I do not have a relationship with his children who are over 25 years old. I have heard nothing from them in 4 years (eventhough his will said they would inherit his estate) and have been paying the full mortgage payments myself which has been a struggle and i have installed a new kitchen. I received a letter from his brothers solicitor this morning saying that i had to either pay him a third of the houses value or sell my home and give him a third of the proceeds. Can he do this?? I have to respond within 14 days and would be very grateful for any advice which could help me keep my home.

Thanks!

he has.

not sure what interest in the house your partners brother would have if the will gave it to the children

Why was nothing done when the partner died?

You need to establish
The tenancy joint or in common
the values at time of death
the mortgage at time of death


surly the letter gave more detail than just give us a 1/3?

If the house was Joint then it passes through survivorship but 1/2 the value is counted for IHT purposes and unless married there is no exemption.

If tenants in common then the estate will have 1/2(or whatever % ownership was) of the net value accounting for the mortgage.

You are almost certainly going to need to take independent advice.

Thrugelmir

Is the mortgage still in joint names?

AnotherJoe

See a solicitor. Take the will and any documentation you have.
Something is seriously awry because (1) whats the brother got to do with it if your husband left the estate to his children, (2) you dont mention if there was anything from the estate passed to the children (you said the will left something to them (3) are you positive you were joint tenants because if so the solicitor shouldn't even be sending you this letter.