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Owner or TIC?

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  • Olawat
    Olawat Posts: 16 Forumite
    Fifth Anniversary First Post
    Both of their wills are the same , each leaving their assets to us 3 adult children. Here is the actual wording.

    Distribution of Residue
    7. To receive any gift or property under this Will a beneficiary must survive me for thirty (30)
    days. Beneficiaries of my estate residue will receive and share all of my property and assets
    not specifically bequeathed or otherwise required for the payment of any debts owed,
    including but not limited to, expenses associated with the probate of my Will, the payment of
    taxes, funeral expenses or any other expense resulting from the administration of my Will.
    The entire estate residue is to be divided between my designated beneficiaries with the
    beneficiaries receiving a share of the entire estate residue. All property given under this Will
    is subject to any encumbrances or liens attached to the property.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    ^^^^^^
    That does not mention the house.
    My father has recently died and in his will he has left his 50% share of the house to his 3 adult children.


    Where does it say his 50% goes to the 3 children
  • Keep_pedalling
    Keep_pedalling Posts: 20,815 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    No mention of the house in the will would suggest that asking ownership as TIC has not even been thought about.

    Unless you can find documentary evidence to the contrary then the house is now owned by your mother outright.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Olawat wrote: »
    Asking as Father recently died and not sure if Mother is now sole owner or because he stipulated his assets be shared between his 3 adult children, if that indicates TIC!?
    Olawat wrote: »
    Both of their wills are the same , each leaving their assets to us 3 adult children. Here is the actual wording.

    Distribution of Residue
    7. To receive any gift or property under this Will a beneficiary must survive me for thirty (30)
    days. Beneficiaries of my estate residue will receive and share all of my property and assets
    not specifically bequeathed
    or otherwise required for the payment of any debts owed,
    including but not limited to, expenses associated with the probate of my Will, the payment of
    taxes, funeral expenses or any other expense resulting from the administration of my Will.
    The entire estate residue is to be divided between my designated beneficiaries with the
    beneficiaries receiving a share of the entire estate residue. All property given under this Will
    is subject to any encumbrances or liens attached to the property.

    That clause applies to the residue - that's what left after other things have been distributed.

    What do the earlier clauses say?
  • Olawat
    Olawat Posts: 16 Forumite
    Fifth Anniversary First Post
    Mojisola wrote: »
    That clause applies to the residue - that's what left after other things have been distributed.

    What do the earlier clauses say?

    There are not any clauses mentioned!
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Olawat wrote: »
    There are not any clauses mentioned!

    What you've copied is clause 7 which deals with the residue of the estate which is what's left after the previous clauses have been dealt with.
  • Keep_pedalling
    Keep_pedalling Posts: 20,815 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Olawat wrote: »
    There are not any clauses mentioned!

    In that case unless you find a deed/ declaration of trust in the paperwork, you have to treat the ownership as joint tenants.

    Would this mean your mother could afford to buy herself a property near you rather than renting?
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