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Share of freehold and inheritance

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  • Share of freehold and inheritance

    Hi, there seem to be a few similar posts to this topic but I would just like to check - I am drawing up a Will for the first time and read in the lawpack guidance that if your home is jointly owned with another person that your share of the property may not pass under the terms of your Will but may automatically go to that other person.

    I own a share of freehold with another person on the building I live in - split into two flats, 50% share of freehold each. If I leave my estate to, say, my brother and sister, I want to be sure that they would be receive the right to my share of the freehold and not the other freeholder. Is that the case? Or do I need to do something that would make sure that this is the case?

    Thanks

    Edgers

  • #2
    Under English law, land can be owned jointly in two ways -
    1: as "joint tenants"
    2: as "tenants in common"

    These expressions have nothing to do with leases, etc: they are simply shorthand for the different ways in which land/real property (freehold and leasehold) can be held

    If joint owners hold a property as joint tenants and one dies, his or her share automatically passes to the surviving owner(s). If the property is held as tenants in common, the deceased owner's share would pass in accordance with his or her Will (or intestacy) - not necessarily to the surviving owner(s)

    It is likely that a freehold "reversion" as you describe would be held as tenants in common, but I suggest you check: get a copy of the title registers from the Land Registry and see whether there is a "trustee restriction" registered in the Proprietorship Register, as there should be

    I hope this helps
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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    • #3
      Thanks Justin thats really helpful I'll check this evening, Edgers

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