Mutual Will Query

Tabitha_T

Evening, does anyone have any knowledge/experience of mutual wills and property inheritance?

My partner's aunt thought she would 100% inherit a (jointly owned) flat when her husband died, but her solicitor says their joint tenancy will revert to 'tenants in common' as they had mutual wills, (which will now give an immediate 50% share of the property to their daughter). As the aunt wants to sell up - but the daughter doesn't want to - there is clearly a potential problem.

However, my partner has heard (from an alternative legal source) to the contrary, i.e. that as a joint tenant, you can't pass on ownership of a property in your will, and therefore, the property should now be owned 100% by his aunt.

Any advice appreciated.
Thanks, Tabs

Keep_pedalling

Mutual wills are horrible things, but they do not usually work this way so I think she should get a second opinion especially if this solicitor was the one who suggested mutual wills was the way to go in the first place.

Tabitha_T

Thanks for responding. When you say they don't usually work this way, do you mean about reverting to tenants in common? The solicitor who is saying this is from the company who originally drew up the wills, but they said at the time they could cause complications...

As my partner didn't believe them he talked to a second solicitor, and it is they who are saying that the joint tenancy should stand, and his aunt can sell the house as she is sole owner.

It's so confusing, nobody knows where they are, or quite where to go next. We thought CAB might still provide access to a freebie solicitor but no luck getting through to them so far.

It seems crazy if we need to try a third solicitor to get the real story, but who can know for sure if they will be right either!

Tom99

[FONT=Verdana, sans-serif]What provision for the daughter did the will make?[/FONT]

Yorkshireman99

Tabitha_T wrote: »

Evening, does anyone have any knowledge/experience of mutual wills and property inheritance?

My partner's aunt thought she would 100% inherit a (jointly owned) flat when her husband died, but her solicitor says their joint tenancy will revert to 'tenants in common' as they had mutual wills, (which will now give an immediate 50% share of the property to their daughter). As the aunt wants to sell up - but the daughter doesn't want to - there is clearly a potential problem.

However, my partner has heard (from an alternative legal source) to the contrary, i.e. that as a joint tenant, you can't pass on ownership of a property in your will, and therefore, the property should now be owned 100% by his aunt.

Any advice appreciated.
Thanks, Tabs

Was the will prepared by a will writing company? Are you sure they were joint wills rather than mirror wills? Joint wills are very unusual these days. In any case without seeing the wills and knowing exactly what they say a definitive answer cannot be given.

Tabitha_T

Yes, they are definitely ‘mutual’ wills (as opposed to mirror, joint, or identical). They were formally prepared by a firm of solicitors (who warned that they may present problems in due course). They’re certainly doing that...

Yorkshireman99

Tabitha_T wrote: »

Yes, they are definitely !!!8216;mutual!!!8217; wills (as opposed to mirror, joint, or identical). They were formally prepared by a firm of solicitors (who warned that they may present problems in due course). They!!!8217;re certainly doing that...

From what you have said it seems your aunt needs legal advice rather than you. She needs to establish if she is the joint owner, as I suspect she is, in which case she can sell as she wishes. Did your partner get formal legal advice from a solictor?

noh

Your Aunt needs to take professional advice.
It seems, from a quick google on the subject, if a share in a property held as joint tenants is disposed of in a mutual will then that severs the joint tenancy.

getmore4less

This is something the executors(s) should be dealing with whatever legal advice they need.

They key here is that joint tenancy can be severed by mutual intent.

By BOTH creating mutual wills that treated the property as if they owned it tenants in common may show sufficient intent that they severed the joint tenancy.


As with all property this will be further complicated by the usual legal and beneficial ownership issues.

Legal owners hold property as a trust for the beneficial owners often themselves but not always.

Tabitha_T

Thank you all very much for your responses, much appreciated. It seems there is a lot more to discover about the situation, but there appears to be case law precedent for a severance under the mutual will circumstances. There is no executor so it makes things very difficult. My partner is trying to help his aunt who has dementia issues so it is all rather challenging. A meeting with an alternative solicitor has now been scheduled. Thanks, Tabs

getmore4less

Very interested in what the solicitors say on this one.

What does the will say?

eg. An absolute gift to the daughter might have a different outcome to one that gifts after a life interest.

do the drafting solicitors have notes that say what the intent was

There is an interesting twist in that the sole legal owner will now be the Aunt and any claim by the daughter will be only a beneficial interest as such the Aunt could, but may not be advisable, sell without the daughters agreement and worst case she hands over 1/2 the money.

It is also sounding like if not already done an LPA should be put in place before the Aunt loses capacity.


unusual to have a will with no executors