Ask a Law Question, Get an Answer ASAP!
Thanks for confirming. As joint tenants you will not be able to bequeath your share in your will as the property is held only between joint tenants, and on the death of one the property automatically passes to the other. You will need to sever the joint tenancy and transfer into tenants in common in equal shares, which will enable you to pass on your share in your will.
In relation to your pension, you will need to check with your pension provider as there are different rules for this and you will need to specify a beneficiary as part of your pension policy.
You should also be aware that if you do not have a will and you are still married, your estate up to £260k automatically passes to your wife. Everything above that will be divided equally between your wife (50%, as well as personal possessions) and your children (sharing 50%). Furthermore, in the event that there is a will in place and your wife, even after divorce, cannot maintain herself and requires financial support, she could potentially apply to court for financial provision out of your estate. It is therefore important to consider and agree a clean break order with your wife to prevent any future claims against your estate from her.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
If you are only transferring from joint tenants to tenants in common you do not need to involve the mortgage company as you will both still be jointly and severally liable for the mortgage.
If you make a will now it will be effective so long as it is valid, however, your wife can potentially make a claim against your estate if you pass and there is no provision for her.