deed of severance pre-date or post-date will sign

kitty4ever

Can someone help me out with this quick question?

A Property ownership deed of severance must be done on a date before their last will and testament is signed and witnessed? true/false?

For example, If a homemade will is made and signed, then the deed of severance is done a week afterwards, the will gift of property to a beneficiary is void because at the time of signing the will the property was owned joint beneficiaries?

Yorkshireman99

kitty4ever wrote: »

Can someone help me out with this quick question?

A Property ownership deed of severance must be done on a date before their last will and testament is signed and witnessed? true/false?

For example, If a homemade will is made and signed, then the deed of severance is done a week afterwards, the will gift of property to a beneficiary is void because at the time of signing the will the property was owned joint beneficiaries?

All that matters is the ownership at the DOD. The will has no legal significance until the testator dies.

Keep_pedalling

I think it is false, but if the will was DIY, it should be thrown in the fire and a proper one drawn up by a solicitor.

DIY wills might be fine for a small estate with no property involved, but not for larger ones and deffinately not one with property involved.

getmore4less

A will can dispose of the beneficial interest in a property even if at the time of writing there was none(might not even own a property)

In the case of a joint owner if they(joint owner) died first the will would then ne disposing of the whole property from that date.

Yorkshireman99

Keep_pedalling wrote: »

I think it is false, but if the will was DIY, it should be thrown in the fire and a proper one drawn up by a solicitor.

DIY wills might be fine for a small estate with no property involved, but not for larger ones and deffinately not one with property involved.

A will drawn up by a solcitor would use wording so that there was no doubt. For example it might refer to my primary residence rather than by the adress so if the testator moved thlegacy would still be valid.