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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10774
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Property and wills

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My question is about leaving property in a will. If 2 brothers own a house together which they themselves inherited from their parents and are planning to leave their halves to different people, and one of the brothers then dies first, does the house remain in the ownership of the remaining living brother or does half in fact go to the person stated in the deceased's will? Or do both brothers have to be deceased before their seperate wills take effect on who gets each half of the property? (Horribly worded, sorry). Does it depend on the type of joint ownership, if so how?
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My name is ***** ***** am happy to assist you with your enquiry.
It all depends on how the 2 Brothers were holding the property. There are two different ways a property can be held- either as "Joint Tenants" (JT) or "Tenants in Common" (TC).
If the brothers were holding the property as JT's then this means that upon the first brother's death, the whole of the property automatically passes to the surviving brother. This is the case even if the brother who has died had made a Will, leaving his share to someone else.
If the brothers were holding the property as TC's, then this means they both owned a separate 50% share each in the house. If this was the case, then the 50% owned by the brother who has died passes to whoever he has left it to in his Will. If this is the case, whoever has been left the brother's 50% share inherits it immediately on his death.
Therefore, if the brothers were holding the property as tenants in common, the property is now legally owned by the surviving brother and the beneficiary of the brother who has died.
I hope this assists you and sets out the legal position.
Kind Regards
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