# aunt & uncle (brother & sister) live in their own house, Aunt's will.



## MATTY (27 Feb 2012)

My elderly aunt & uncle (brother & sister) live in their own house, my aunt has made a will leaving a monetary sum to my uncle & the rest of her estate to be shared with me & other nieces. 
How would this cover the house as it is not listed in the will. She thinks it will just default to my uncle as he is the joint owner. Is that correct?


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## mf1 (27 Feb 2012)

If the property is held as joint tenants, then aunt is correct and property will pass to the survivor. It will not form part of her estate. 

If the property is held as tenants in common, then aunt's share of the house (half) will go, not to uncle, but to the other beneficiaries. It could get very messy. 

Aunt, presumably, made proper enquiries before dealing with the issue.   

mf


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## MATTY (28 Feb 2012)

Thanks that's great. I am also set up as the executor, can I do this myself as a UK citizen & resident, or do I have to pay for a solicitor which I am loath to pay a huge fee to?


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## 44brendan (28 Feb 2012)

mf1 said:


> If the property is held as joint tenants, then aunt is correct and property will pass to the survivor. It will not form part of her estate.
> 
> If the property is held as tenants in common, then aunt's share of the house (half) will go, not to uncle, but to the other beneficiaries. It could get very messy.
> 
> ...


 
note a tenancy in common would be extremely rare on a residential PDH.


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## mf1 (28 Feb 2012)

Not really. They are brother and sister - not husband and wife.


mf


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## Bronte (1 Mar 2012)

MATTY said:


> She thinks it will just default to my uncle as he is the joint owner. Is that correct?


 
Your aunt would need to be very sure on this, as in received legal advice as it would be dreadful if the uncle were put in the position of losing the house above his head.  It does happen.


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## Brendan Burgess (1 Mar 2012)

Matty 

How did they come to share the house in the first place? 

If they bought it together , they are either tenants in common or joint tenants.  

If your uncle simply moved into a house which is owned 100% by your aunt, then she would have to leave it to him in her will if that is what she wants. 

"tenants in common" is a bit misleading, it really means "owners in common"

Brendan


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## Bronte (1 Mar 2012)

Brendan Burgess said:


> If your uncle simply moved into a house which is owned 100% by your aunt, then she would have to leave it to him in her will if that is what she wants.


 
In that circumstance she could instead give him a life share (I forget the legal term but it basically means he lives there the rest of his life and it passes to the nieces after his death)


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## Brendan Burgess (1 Mar 2012)

a "life interest"?


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