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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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If my grandma took a joint tenancy with her husband in 1975,

Customer Question

If my grandma took a joint tenancy with her husband in 1975, when her huband passaway the tenancy went into her name alone. Will she still have succession rights to pass the property to ger daughter
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Unfortunately, there is only one right to succession and your grandmother already exercised that when it went from joint names into her sole name. There is not much more that can be said and no way of sugar coating this I'm afraid.

I'm sorry that this is bad news for her.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

The tenancy went to a sole tenancy in 2000 is she still bound by the new 2012 rules or 1975 tenancy rules?

Expert:  Jo C. replied 3 years ago.

Most councils produce a booklet and here is just one.

http://www.aschamhomes.org.uk/pdf/SUCCESSION%20LEAFLET%20-%20FINAL%20VERSION%20230609-1.pdf

Which council it is from is irrelevant

Page 9 point number 1


And here is a page from a different Council website http://www.nottinghamcityhomes.org.uk/your_tenancy/types_and_conditions/your_rights_as_a_tenant.aspx

If you scroll down to "the right to succession (inheriting a tenancy)” you will see the same.

The 1975 rules apply because the 2012 rules only apply to a tenancy granted after 1 April 2012. In fact, the 2012 rules limit succession to a spouse, civil partner and a couple. That excludes other family members.
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/