Tenants in Common: What happens if the Declaration of Trust is revoked

benawhile

Well I appreciate the reminder that we will need to do it together. But it will still be on the Title Deeds, but I am working on sorting that out now too.

SDLT_Geek

km1500 said:

Tear it up together and in the presence of each other

I would not recommend this at all.  I agree with those who say a replacement declaration of trust is advisable.

Shelldean

A will written before marriage is revoked by the marriage unless it was written showing marriage was intended!

doodling

Hi,

km1500 said:

Tear it up together and in the presence of each other

And what are you going to do when one of the parties says "I didn't agree to the revocation - the other party ripped it up in a fit of rage"?

It is not like a 50/50 Deed of Trust is going to be a complex document.

benawhile

Well contributors believe it or not I managed to get advice over the phone from a local solicitor. They said getting the restriction that refers to the D o T removed and destroying the D o T should be all that's required so that's what I am engaged in now. THey were very helpful generally in regard to what one is now encouraged to do for onesself. I will certainly be going back to them now should I require any chargeable work!

Shelldean the will was written showing marriage was intended.

doodling

Hi,

benawhile said:

Thanks Doodling that's very helpful. It would be nice to at least avoid having to get the will re-written. Is the fact that since the will we are now married and wife has changed her name a problem in general with wills? It must happen  lot.

It happens rarely because most wills, unlike yours, assuming it has been done properly, are revoked by marriage which is probably the most common cause of name changes.

Having said that, providing the will clearly identifies the person, then subsequent name changes have no effect.  If you were making a bequest to your friend John Smith then there potential for confusion, especially if they change their name and you find another friend called John Smith. Hopefully if you are making a bequest to "Jane Smith who I intend to marry" then there should be a relatively small pool of people (hopefully just one!) who that description could apply to (unless I suppose you are particularly attracted to people's names and have several marriages to different Jane Smiths under your belt).