When one of the joint owners passes away, the property automatically passes to the survivor who can do what they want with it. It’s a simple process, however problems arise for two main reasons.
By simply changing the method of ownership, a couple can own the property as Tenants in Common. Under this ownership, each partner owns a distinct proportion of their property (usually 50% each) and by using a Property Trust Will can give their share on their death to whoever they choose. Typically this will be to their own children to guarantee their inheritance. The survivor can continue to live in the house and have legal protection to do so.
Under this system, if the survivor remarries the children’s half is safe. Later in life if the survivor is unwell the children’s half can’t be touched by means tested assessments for care.
Remember, if you have a simple will and own your property as joint tenants there is no guarantee that your children’s inheritance will be fulfilled. Remarriage or illness in later life can seriously affect your inheritance planning.
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