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HiCustomer In order to answer the question fully, you need to know how the husband and wife owned the property. There are two ways of owning a property jointly. You may own as joint tenants or tenants in common. If a joint tenant dies, the property automatically belongs to the survivor, regardless of anything that is said in the Will. If a tenant in common dies, his or her half share passes under the terms of his or her Will. It is more likely that the husband and wife owned the property as joint tenants so that it passed to the wife on the death of the husband. The wife is then free to leave it to whoever she wishes. In order for the husband to leave his share of the property to another child, he would have had to have owned the property with his wife as tenants in common. He would then have given his share only to this child, and the Will would have given to the wife a life interest in his half share, so that she could live in the whole of the property until she died.
It seems unlikely that this is the case. If the title to the land is registered, you can check to see who the registered owner of the property is, by applying to the Land Registry for a copy of the title. The website is www.landregistry.gov.uk and copies cost £4. You can also apply to the probate registry for copies of each will so that you can see what is actually in them. Copies are only available if the will has been proved. It is quite possible that the husband's will was not proved.
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Thank you - this is very helpful.
Thank you. XXXXX right in assuming that the majority of married couples in the UK would take out a "joint tenacy" and that this would be the default position required by the mortgage company unless other circumstances were present? My sisters will certainly referred to the house in full and did not refer to multiple interests in the house when designating what should happen to it.
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