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second property/simple will?

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  • second property/simple will?

    Hello,
    Prior to choosing either a solicitor, a will writing company or, compiling our own wills, ( mirror wills) then, probably getting them checked by a solicitor, I am wondering if, our jointly owned second property (was formerly our prime residence) would be a complication. i.e. how it should be included/annotated in the wills and would it automatically be treated the same as our current jointly owned prime residence, when one of us dies?
    Would it preclude us from a simple will, whether DIY or with a will writing company? It is the only thing which concerns me about our wills being made invalid, whether by us or whoever we choose to make our wills.
    We hope to sell our second property in the next year incidentally.

    Regards and thanks.
    Tags: None

  • #2
    you diy at your and your heirs' risk. One of the many benefits of instructing a solicitor will be that they carry mandatory professional indemnity insurance.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Both residences should be treated as just part of your assets.

      What is to be done with them depends primarily on how they are held under joint tenancies or as tenants in common.

      Your desire to avoid complications is to be applauded. Stick to it, and be careful of anyone suggesting a need for deeds of trust unless this is properly justified.

      Comment


      • #4
        Originally posted by dslippy View Post
        Both residences should be treated as just part of your assets.

        What is to be done with them depends primarily on how they are held under joint tenancies or as tenants in common.

        Your desire to avoid complications is to be applauded. Stick to it, and be careful of anyone suggesting a need for deeds of trust unless this is properly justified.
        Thank you for your reply.

        Our second home, ( previously our prime residence) is owned by myself and my wife as joint tenants.

        Qu; If I die before it is sold, does the ownership pass to my wife the same as our current prime residence? If that is the case

        does it need to be mentioned separately in the wills? Can it not be included as " I GIVE all my property real and personal

        whatsoever and wheresoever to my wife/husband" followed by

        the 28 days clause?

        Many thanks.


        Last edited by winform; 27th September 2022, 13:55:PM.

        Comment


        • #5
          If it is held under a joint tenancy, then each of you owns the entire property. When one dies, that interest simply disappears. The survivor already owns tye entire property, so nothing passes, and indeed the will speaks from the moment after death, and the interest in the property disappears immediately before death. There is nothing for the will to bite on.

          Comment


          • #6
            If I may say so, that should also serve as a warning to get the wills drafted by a solicitor.

            Comment

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