The following Private Client Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:
In this Q&A, it would appear that the deceased spouse had a 50% interest in the matrimonial home. It is to be assumed that the other 50% was owned by the surviving spouse or, potentially but unlikely, by a third party. It is also to be assumed that the property was held by the co-owners as tenants in common in equal shares and not as beneficial joint tenants. If they held as beneficial joint tenants, the deceased’s share would pass to the surviving co-owner by survivorship and the gift in the Will would be void.
Assuming therefore, that before the death of the deceased spouse, the property was held by
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