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  • Jeremy Callander

Joint Tenants vs Tenants in Common – Part 2

If you are the co-owner of a property as joint tenants and you die, the property will pass to the surviving co-owner(s) by survivorship – that is, automatically as a matter of law.

On the other hand, if you are the co-owner of a property as tenants in common and you die, your share of the property will form part of your estate and be dealt with in accordance with the terms of your Will (or if you don’t have a Will, the Administration Act 1969).

Obviously, it is really important for you to a) know how you own your property, and b) understand the legal and practical consequences that will be triggered by your death and/or the death(s) of your co-owner(s).

We regularly talk with people who don’t know how they own their property (or if they own it at all…), and who are worried about what the future might hold – especially if their partner dies before they do.

There may not be a (simple) solution to the problems/challenges that you think you might be facing. But at the very least, we can a) ensure that you fully understand them, and b) help you take steps to mitigate or minimise them.

If you have questions around joint tenants and tenants in common, please call us 03 4778080.

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