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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25974
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My wife and I have identical mirror wills. Will change to tenancy

Customer Question

My wife and I have identical mirror wills. Will change to tenancy in Common affect these
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask to whom you leave your respective interests in your property to in your wills please? DO you leave them to each other or to a life interest trust or somebody else?

Customer:

We leave to each other

Joshua :

Thanks.

Joshua :

The change to tenancy in common would not effect the wills however unless it is your wish to leave your respective shares in your property to someone other than yourselves, the change is not strictly necessary for your wills to work.

Joshua :

If you hold the property as joint tenants then the survivor of you automatically inherits the property by survivorship irrespective of what your wills say. Therefore if you wish to leave your respective shares in the property to a trust or someone other than each other changing to tenancy in common is vital. However if you are simply leaving your shares to each other then the property will pass to the survivor of you whether you are joint tenants (automatically) or tenants in common (via your will)

Joshua :

However notwithstanding the above if you wish to change to tenants in common it will not impact your wills.

Joshua :

You will need this form to sever your tenancy

Joshua :

www.landregistry.gov.uk/_media/downloads/forms/SEV.pdf‎

Joshua :

Is there anything else I can help you with?

Customer:

No thanks we have simple wills that leave to each other until the surviving spouse leaves this mortal coil whence our children benefit 50/50

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