For major changes you should always review an existing will or make a new will where necessary and moving home is no exception, if you already have a will then your address needs amending for starters. It is advisable to review your will every 3-5 years or after any major change in your life.

Another very important consideration is how you own your home? Is it owned as joint tenants (owned jointly) or tenants in common (in equal shares or 40/60 e.g.)? Why is this important?

If it is owned as tenants in common then you may dispose of your share of the property via your will, however, if it is owned jointly with partner or spouse then your share will pass automatically to the survivor and not via your will, this option may not be suitable for you, especially if you have children from a previous marriage and you want your share of the property to pass to them.

Tenants in common is normally the best way to own your property as it is very useful for Trust purposes, for example, if you wanted to protect your share of the property for your children to eventually inherit then a Trust is the only way to ensure that this will happen. The terms and conditions of the Trust are set up within your Will, you can still give your spouse or partner a life interest or a fixed term of years in your share of the property, so that they may still live in the home after your death, but your share of the property will eventually pass to the beneficiaries of your choice.

Upon your death your share of the property would become the responsibility of the trustees that you have appointed, and their responsibility is to ensure that the property is properly maintained and looked after before eventually being distributed to your ultimate beneficiaries.


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