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JustAnswerKM, Solicitor
Category: Family Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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My dad who died at Christmas made a Will without my mum knowing

Customer Question

My dad who died at Christmas made a Will without my mum knowing leaving 1/3 of his half of everything he and my mum jointly own to his daughter from another marriage. I was under the impression that all jointly own property would go to my mum
Submitted: 2 years ago.
Category: Family Law
Expert:  JustAnswerKM replied 2 years ago.
Good evening Thank you for your question. I will do my best to help. The short answer is, it depends how the property was held between your mum and dad. There are 2 ways a property can be held, either as 'Joint Tenants' or 'Tenants in Common'. If the property was held as 'Joint Tenants' then where one owner dies, the property automatically passes to the other Joint Tenant (in this case your mum), which is known legally as the right of survivorship. However if it was held as 'Tenants in Common' then your father's share passes in accordance with his Will. To ascertain whether it was held as JT or T in C, have a look at the title deeds of the property. You could ask the Solicitor who drafted the Will how the property was held at the time your dad made the Will or obtain a copy from the Land Registry website for £3 (request for official copy of the register). I hope that helps. Kind regards Krystel
Customer: replied 2 years ago.
Thank you I thought that was the case
Expert:  JustAnswerKM replied 2 years ago.
You're welcome
Expert:  JustAnswerKM replied 2 years ago.
Please feel free to rate my answer. Kind regards Krystel