Only assets solely owned by the testator are capable of being disposed of by a Will. When you own assets jointly, you are not able to specify who gets your share as these automatically pass on to the surviving co-owner.

 

If you own your home jointly, the tenancy agreement has to be severed to enable you to pass your share in your Will to whoever you wish, such as your children. This will change the ownership from joint tenants to tenants in common. This will also protect your children's inheritance from passing on to your spouse's new partner should they remarry after your death.

 

We can assist you with the process of serving your notice of severance to the co-owner, and registering the change in ownership with the Land Registry.