Succession Clause in Title Deeds

vivera01

I know that in Scotland, it is possible to build a succession clause into the title deeds of a property which overrides a will. Does anyone know if it is possible to do so in England?

Thank you.

Keep_pedalling

I don't think so, what are you trying to achieve?

davidmcn

Keep_pedalling wrote: »

I don't think so, what are you trying to achieve?

I thought that was the effect of a joint tenancy, as opposed to tenants in common? i.e. on the first death their share automatically passes to the survivor, rather than according to their Will/intestacy rules.

xylophone

If the property is owned as joint tenants, (England) the property passes to the survivor (regardless of any will made by the deceased).

G_M

'Joint Tenants' each own 100% of the property jointly. So is one dies, the other(s) still owns 100%, irrespective of any will.

'Tenants In Common' own a share each (eg 50/50). So if one dies, his/her share passes on either according to their will, or if no will, then accorcing to the laws of intestacy. The other retains their existing 50% (or whatever %).

see
https://www.gov.uk/joint-property-ownership/overview

vivera01

My husband has no monetary investment to put into a property but I want him to feel it is his house as well as mine while we are together. I also want to eliminate any risk his adult children will inherit any part of the property when we die. Scottish law makes it easy to protect yourself but I wasn't sure if English law provided the same protection.

jbainbridge

Do you have a will? Surely this would help.