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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello; My wife passed away last year - & we have a joint/mutual

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Hello; My wife passed away last year - & we have a joint/mutual will can I change this? - what happens if I sell ourhome & spend the money that is to be left to her & my children - can I update the mutual or joint will & make my own will.
Thank you
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question. You have my sympathies for your loss.

 

You would have to make a new Will for yourself if that is an element of your question.

 

Did you instruct a probate solicitor to administer your wife's estate, and do you know if you held your interests in your property as tenants in common or joint tenants?

 

Kind regards,


Tom

Customer: replied 4 years ago.

Hi Tom

 

Many thanks for your reply & sympathies,

 

No I didnt instruct a probate solicitor - I'll have to dig out the deeds what is the difference between tennants in common or joint tennants

 

Im being told that I cant alter the will as it is joint and mutual which is unrevokable

the property I live in is not listed but cash sums are to be left to my children of a previous marriage & my wifes children on a previous marriage but I no longer agree with this as I now have grandchildren I would like to add to the will.

 

Can I sell the property I live in to one of my children & use the cash to live off and give out to my family now, therebye having nothing in the joint will to leave.

 

Many Thanks

Expert:  Thomas replied 4 years ago.

Hi,

 

You cannot change the mutual & joint Will I'm afraid, my advice here would be to take it to a local private client solicitor to actually specifically check it is enforceble .

 

If your interests in the property with your wife were held as joint tenants then her interest in the property would pass automatically to you upon her death, this is usually regardless of any directions made in the Will but you should ask the solicitor looking at your joint will to see if it refers to it in any event. Joint/Mutual wills are very rare.

 

You can check how you held your interests in the property by downloading a copy of th register for the title at the Land Registry by entering the details and paying a £4.00 fee:-

http://www.landregistry.gov.uk/wps/portal/Property_Search

 


Look at the propreitorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

" No disposition by a sole propreitor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

If there is no such entry then the proprty is held as joint tenants. If the entry is on the registered then her interest would pass under the terms of the Will. The remainder of your wife's estate should pass according to the joint Will and you cannot alter the term of that Will.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

 

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6399
Experience: BA (Hons), PgDip, Practising Solicitor
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