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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If a Will bequeaths propery [or cash equivalent] which is not

Resolved Question:

If a Will bequeaths propery [or cash equivalent] which is not wholly in the ownership of the testator; is the Will then invalid?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi, could you please give me a little more information please. Are you talking about a property which was in joint names? Al
Customer: replied 1 year ago.
The property was in joint ownership, as shown in the Land Register. My mother's Will stated that the house was bequeathed to myself and my brother in equal parts..
Expert:  Aston Lawyer replied 1 year ago.
Thanks for your reply. A property can be held in one of two ways-either as Joint tenants or Tenants in common. If a property is held as Joint tenants, this means that on the death of the first owner, the whole of the property passes to the surviving owner, even if the first owner had left their "share" to someone else.If the property is held as Tenants in common, then this means each owner does own a separate share in the property, and each of them can leave their respective share to whoever they to under their Will.Therefore ONLY if your parents held the property as Tenants in common, would the legacy to you and your brother under your Mother's Will be valid.You should therefore get this verified by a local Solicitor. I hope this assists and sets out the legal position. Kind Regards Al
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Customer: replied 1 year ago.
My father died in1960, my mother in 1986. My father was the sole owner of the property and my mother owned it after he died. There was never any joint ownership prior to 1986. Does this affect the legacy to me and my brother under my mother's Will?.
Expert:  Aston Lawyer replied 1 year ago.
Hi, I will call you in the morning if that is ok? Al