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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34503
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a joint tenancy on 5 rental properties with my parents. They

Resolved Question:

I have a joint tenancy on 5 rental properties with my parents.
They are appearing to want to change the goalposts on the initial agreement when the properties were purchased and have sent a letter to the executors stating these properties are to be divided in accordance with their will.
I have seen but refused to sign this letter.
My understanding is that under these circumstances survivorship takes precedence.
Is this correct?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstDo you mean that they have sent you Notice severing the Joint tenancy?
Customer: replied 1 year ago.
No no notice of intention to severe they have sent a letter to the executors of their will stating that their share of the properties are to be disbursed in accordance with their will.
They do no want to change to tenants in common to avoid inheritance tax.
Expert:  Clare replied 1 year ago.
They cannot have it both ways.If it is beneficial Joint Tenants then the Right of Survivorship applies.If they wish to give it under their Wills then it has to be Tenants in CommonPlease ask if you need further details
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