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  • Tenants in Common

    I have a brother and sister who were named ‘tenants in common’ in a will.
    I understand that if they had been named ‘joint tenants’ then the half share belonging to the one to die first would have passed to the remaining one but does anyone know what would happen to the property/lands of ‘tenants in common’ if one of them died without heirs or making a will?
    Thank you

  • #2
    It would pass under the law of intestacy. so if there were no children in all likelihood would go to the survivor as the closest blood relative
    Clare

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    • #3
      Clare thank you, so it should have stayed in the family. The brother and sister were only 5 and 9 when the will was proved and the farm and lands were initially left to their uncle with the stipulation that they were to be passed on to them as tenants in common on his death.

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      • #4
        should have done. have you checked for wills for them?
        Clare

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        • #5
          Of course, they may have sold the property before their deaths.
          KiteRunner

          Every five years or so I look back on my life and I have a good... laugh"
          (Indigo Girls, "Watershed")

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          • #6
            Yes I've looked on TNA and county record office sites but nothing for either brother or sister (have no trace of her at all) or the uncle.
            There is a family 'story' about wards of chancery and legal actions - not to mention a lost inheritance! - so I think a visit to TNA might be my best/first course.
            thank you for your help

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            • #7
              Sussexmaid

              Well, it wouldn't be the first time a Trustee or Guardian had wasted/disposed of assets left in his care. for minors.

              Really really difficult to prove legally and a joy for lawyers who could live for decades off the cost of pursuing any legal action.

              OC

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              • #8
                OC, I have a feeling this could explain why the brother was in serious debt and being pursued by creditors...
                thank you all for your help and advice

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                • #9
                  Yes with joint ownership each named party owns all of the property.
                  With tenants in common each party owns only their share of the property.
                  This cab be good (avoidance of tax) but it can cause problems.
                  One party sell their share, divorce (half of their share could be awarded in settlement) etc.

                  Of course if one person is chased for debt only their part of the property could be used to service that debt.
                  Cheers
                  Guy
                  Guy passed away October 2022

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