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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My aunt has died leaving no will. She was married, but without

Resolved Question:

My aunt has died leaving no will. She was married, but without children. Her husband has children from a previous marriage. I am her only surviving blood relative. My aunt owned the house they lived in and before she died (she was terminally ill) added her husband's name to the title deeds as a joint registered owner. Her name is XXXXX XXXXX the title deeds. If the title deeds are not changed and her husband, my uncle, dies without making a will, am I legally entitled to make any inheritance claim on the property or does it automatically all go to his children? Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

If your Aunt's property is held jointly between her and her husband as Joint tenants, this means that the whole of the property passed automatically to her husband on her death and as such does not form part of her Estate. This is the usual way in which spouses would hold a jointly owned property.
The alternative way in which they could have held the property is as "Tenants in common". This means that they own a separate 50% each in the property, and which share passes in accordance with their Will, or to their next of kin if they hadn't made a Will. If they held it this way, your Aunt's 50% share will pass to her husband as next of kin.

So, whichever way they held the property, it will now belong solely to her husband. As the property belongs to him now, he is free to do with it as he so pleases. If he still owns the property at the time he dies, it will pass in accordance with his Will or to his children if he had not made a Will. I am afraid that you would therefore have no claim on his property, and the fact that the property used to belong to your Aunt does not alter this fact.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards
AL
Customer: replied 3 years ago.

Not the answer I was looking for, but it does at least make it clear where I stand! Thank you for your help.


 


Matt

Expert:  Aston Lawyer replied 3 years ago.

Hi Matt,

Thanks.

Best Wishes
AL
Aston Lawyer and 2 other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 3 years ago.

Hi,

Can I be of any further assistance to you?

If not, I would be grateful if you could leave positive feedback.

Kind Regards
AL