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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10635
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husband and I bought a property last year. I handled all

Resolved Question:

My husband and I bought a property last year. I handled all the paper work. We were tenants in common at our last property but I decided to register this one as joint tenants. He is 89 and I am 73. He has only one bank account which is also in joint names. No other investments. At the moment our wills are for tenants in common giving each other all our assets.
As I think I would automatically inherit the house and his bank account is it necessary for him to have a new will. He also has been diagnosed with dementia but still has a reasonable understanding of everything. Thank you for your help
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

As your property is held as Joint tenants, this means that upon the first death, the property will pass automatically, through survivorship, to the surviving party.

Likewise with a joint bank account, this automatically passes to the surviving spouse on the death of the first spouse.

Therefore, your Husband does not need to revise his Will, despite the fact it may refer to you both as holding any property as tenants in common.

I hope this assists you and answers your question.

Kind Regards

AL

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you. If my husband dies before me would I need to go through probate ?k
Expert:  Aston Lawyer replied 2 years ago.

Hi Pam,

If the only "assets" your Husband has are the property and the joint account, then you would not need to go through Probate were he to go first, as these assets will pass to you automatically, through survivorship.

Hope this helps.

Kind Regards

AL

Customer: replied 2 years ago.
Thanks you for your assistance. Goodnight
Expert:  Aston Lawyer replied 2 years ago.

Thanks Pam.

If you are happy with my answers, I would be grateful if you could leave positive feedback.

Best Wishes

AL