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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife and I own a property as Joint Tennants. Am I correct

Resolved Question:

My wife and I own a property as Joint Tennants. Am I correct in thinking that if one of us dies the whole of the property automatically belongs to the survivior. I.E. any attempt to leave their half of the property to a third party in a will is invalid.
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Good evening.


Thanks for your question.


Yes, that's absolutely correct. If co-owners hold their interests as beneficial joint tenants then upon the death of the first to die that deceased's person's interest passes automatically to the surviving joint tenant irrespective of any direction made in the deceased's Will. The gift of the house in the Will shall fail and the surviving joint tenant shall become the sole owner of the property and need only produce the death certificate and the Land Registry's AP1 form to have the title register updated to reflect this fact.


However, a joint tenancy can be severed at any time by either party and the consent of the other joint tenant is not required for this. Once severed the respective interests are held as tenants in common and each persons share shall pass according to their Will or under the intestacy rules. Under these circumstances the interest of the deceased would pass according to their Will.


I can tell you how to check to see how you hold your interests if you are in any doubt whatsoever or how to sever the joint tenancy if that will also assist.

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,



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