My mother and I bought a property together which is on the land registry document as joint owners. We also have a tenants in common agreement but we, for some reason, didn’t register it with the Land Registry. My mother recently passed away and in her will she has named myself and my brother both executors and beneficiaries. It has always been agreed that her half of the property would be shared equally between my brother and I, but I am now confused as to where we stand legally. Is it survivorship or still tenants in common?
Hi Sam and thanks so much for reaching out. I’m terribly sorry to hear of the passing of your mother. So, the simple answer is that the right of survivorship takes priority (meaning technically that you receive the property). HOWEVER, there are ways of undoing this by agreement between you and your brother. And, perhaps an argument too that whilst the legal title passed to you, there was an intention to benefit your brother in ‘equity’. Critically as I say – it can be put right. If you’d like to chat it through further do message me directly at nq@qlaw.co.uk. Hope that helps and thanks again for your query. Neil Q (CEO)