Making a Will and Tenants in Common considerations

Former Member
Former Member
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My wife is 53 (I’m the same age). She was diagnosed a couple of weeks ago with renal cancer stage 4 grade 3 (with lung metastases). We have 3 children and are looking to make a will. My wife understandably wants to ensure that her share of the house is protected/guaranteed to go to the children when I also die, in the event that I could remarry or cohabit at some point in the future. The main way to ensure this is by changing the house deeds to Tenants in Common with a will that indicates I have occupancy rights (these are void were I to remarry or cohabit) in which case the money from my wife’s half would immediately be released to the children. 
Does anyone have any experience of this, ads/disads, recommendations or suggested alternatives?  

Thanks

  • Hello

    Thanks for your message. I’m sorry to hear about your wife’s diagnosis and your concerns for the future.

     

    As you know, a tenants in common arrangement is often used by couples who wish to protect their share in a property for their children (England and Wales residents, different rules apply in Scotland and Northern Ireland).

     

    Whether changing your property ownership to a tenants in common arrangement is a good idea is something best discussed with a suitably qualified professional. If you already have a solicitor, they could help with an opinion of your proposal and suggest the best way forward based on your wishes for the family.

     

    If you don’t yet have a solicitor and are based in England or Wales, you can see if family and friends could recommend one. You could also find a local firm by looking on the Law Society of England and Wales website or by phoning them on 020 7320 5650 (local call rates). Lines are open from 9:00 to 17:00 Monday to Friday.

     

    If you’d like to talk about it further before speaking to a legal professional, the Financial Guides would be happy to hear from you again. We are available on 0808 808 0000, Option 1, then 2, then 1, Monday to Friday 8am to 6pm. We’re also on webchat if you prefer.

     

    Kind regards.

     

    Julia

    Financial Guide

    Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email.

     

     

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