Dying without transferring property - default postition

(Nicola Rolinson) #1

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

Nicola Rolinson
Moss Solicitors

(Cliona O'Tuama) #2

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