shared ownership

[manc74]

my Gran passed away not that long ago, she owned half of the house with my Auntie, she left her half in her will for all the grandkids, now my Auntie is saying that she owns the house because when someone dies all the house goes to the other person and someone can't leave a share of a house in a will is this right? On the land registery it says the house is owned by my Gran and my auntie many replies would be gratefull as we think she is trying swindle everone. Thankyou.

[Ethel]

It depends how the house is owned. It can be either a joint tenancy or a tenancy in common.

If it is owned as joint tenants each owner owns the whole with the other, so when one dies the surviving person is the sole owner of the whole and there is no 'share' to be left in a will.

If it is owned as tenants in common, then each owner owns a share - usually half each. This share can be left to whoever they like in their will.

You need to look at the title deeds to the property.

The Proprietorship Register will show the names of the people that own the property and, if it is held as tenants in common there will also be the wording "No disposition by a sole proprietor 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 wording in the Title Document then you are almost certainly joint tenants.

[themas]

To add to Ethel's reply. If you find the house was owned as joint tenants then clearly the grandkids cannot inherit the half. However, if the will was made by a solicitor he should have advised Gran that the ownership of the house needed to be altered to tenants in common (this is a simple thing to do and does not require the consent of the other joint owner) because he should have been aware that such a change was necessary for the provision in the will to be valid.

It is possible you could take a complaint of negligence against the solicitor and ask for compensation for the loss. Look at the Law Society website for info. on how to complain.