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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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We have a property that in joint tenants in common. One of

Customer Question

We have a property that in joint tenants in common. One of the parties passed away 9 years ago. So the property did not go into the estate and was transferred to the tenant I common.
Since then the husband who lives there has been given a life interest through a deed of variation of 50%. The tenant in common has continued to pay the mortgage and the up keep of the property. Unfortunately the son of the deceased is trying to get half the property.
Can the property as a whole be protected by placing it in trust?
Steve Redhead
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Thank you for your question
My name is Clare
I shall do my best to assist you but I need some further information first.
Was the property held as Tenants in Common - in which case it shoudl have passed into the estate; or as beneficial joint tenants in which case it would have automatically passed to the survivor?
Customer: replied 3 years ago.

Sorry, it was in joint tenants.

The deed of variation allowed the husband to feel safe and protected, as he was not part of the will.


Expert:  Clare replied 3 years ago.
What was the relationship between the two owners and why does the Son believe that he has a claim?