I am dealing with the probate of my client’s parents. His mother passed away nearly 3 years ago, whereas his father passed away last year. They also had a son, my client’s brother, who died intestate more than 10 years ago.
The son owned a property at the time of his passing, which meant that it was owned by both of his parents equally. However, the property title was never updated.
Does anyone know whether the default position would be that the parents held it as joint tenants or tenants in common?
The distinction will have an impact on the inheritance tax position of the second death, as the mother had a Will which did not leave anything to her husband - it would be more beneficial if the property was held as joint tenants as a result.
Thank you!