Dying without transferring property - default postition

My colleague is dealing with an estate for A.

A’s father died leaving his property to his two children A and B. Residue to C. The Will is a homemade Will and does not stipulate anything more than this. A died without transferring the father’s property to himself and B.

We understand that the property would have passed to and A and B as joint tenants however we do not know where the authority for this is?

Any comments welcome
Thanks

Nicola Rolinson
Moss Solicitors

It would depend on whether or not words of severance were used in the Will. As it is a homemade Will there may be no words of severance, although the testator may have used words like “equally” or “in equal shares” which would make it a tenancy in common. If there are no words of severance, it is a joint tenancy.

The authority for this is that it is a basic rule of the law of English real property.

Cliona O’Tuama

Solicitor