Where a property is owned by more than one person, it's important to consider carefully whether the tenants are joint or in common, says James Lewis from law firm Howard Kennedy.
The difference in what happens on the death of a joint tenant, and that of a tenant in common, is significant: a joint tenant’s stake in a property passes automatically to the surviving joint owners; in contrast, a tenant in common’s interest forms part of their estate and passes in line with the terms of their Will. Not knowing the distinction can leave property owners seriously out of pocket. The High Court recently dealt with the case of Geoffrey Boycott, who funded a property purchase for a close friend, Mrs Wyatt, which they co-owned as joint tenants. Upon Mrs Wyatt’s death and to t...
To continue reading this article...
Join Professional Adviser for free
- Unlimited access to real-time news, industry insights and market intelligence
- Stay ahead of the curve with spotlights on emerging trends and technologies
- Receive breaking news stories straight to your inbox in the daily newsletters
- Make smart business decisions with the latest developments in regulation, investing retirement and protection
- Members-only access to the editor’s weekly Friday commentary
- Be the first to hear about our events and awards programmes