S Sav H Registered User Messages 20 27 Oct 2009 #1 If a person dies, and leaves his share of his jointly owned (with spouse) home to his children, and not to his mentally incapacitated spouse, would the will be considered valid?
If a person dies, and leaves his share of his jointly owned (with spouse) home to his children, and not to his mentally incapacitated spouse, would the will be considered valid?
J j26 Registered User Messages 1,115 27 Oct 2009 #2 If they own the house as joint tenants, then it never forms part of the estate, and passes automatically to the wife. The will would be a valid will, but the gift still fails.
If they own the house as joint tenants, then it never forms part of the estate, and passes automatically to the wife. The will would be a valid will, but the gift still fails.