Land Joint Tenants 0r Instructions In Will - Which Takes Precedence?

Alter_ego

Perhaps make sure all parties understand what will happen. If that isn't what mum actually wants to happen, change the ownership from joint tenants to tenants in common - easy to do and Bill doesn't have to agree.

Without Bill's signature this will not happen

Mojisola

Alter_ego said:

Perhaps make sure all parties understand what will happen. If that isn't what mum actually wants to happen, change the ownership from joint tenants to tenants in common - easy to do and Bill doesn't have to agree.

Without Bill's signature this will not happen

The other owner doesn't have to agree to a severance of a joint tenancy.

Marcon

Alter_ego said:

Perhaps make sure all parties understand what will happen. If that isn't what mum actually wants to happen, change the ownership from joint tenants to tenants in common - easy to do and Bill doesn't have to agree.

Without Bill's signature this will not happen

Yes it will. He doesn't have to agree, as previously stated. See https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common for how to do it.

getmore4less

Tigsteroonie said:

The land does not form part of Mrs Smith's estate, Bill keeps the land as he is the remaining owner. Everything else she has is 'estate' and is split 50:50.

It does form part of  Mrs Smith's   taxable estate.