Tenants in Common Will

Owning a property as Tenants in Common gives you the power to decide who inherits your share. A professionally drafted Will from our SRA-regulated solicitors is the essential legal tool to make this happen and protect your family's future.

Joint Tenants vs Tenants in Common: The Critical Difference for Your Will

How you co-own your property is the most important factor in your estate plan. Understanding the distinction is the first step to protecting your share.

As Joint Tenants...

This is common for married couples and includes a legal rule called the 'right of survivorship'.

On death, your share **automatically** passes to the other joint owner.
This happens **regardless** of what your Will says.
You cannot leave your share of the property to anyone else in your Will.

As Tenants in Common...

You each own a distinct, separate share of the property (e.g., 50/50, or any other percentage).

There is **no** right of survivorship.
Your share **does not** automatically pass to the other owner.
A Will is **absolutely essential** to control who inherits your share.

Real UK Case Study: The Danger of No Will for Tenants in Common

Uphill v Uphill [2019]

The Situation: An unmarried couple owned a house as tenants in common. They had intended to make wills leaving their shares to each other, but the man died before he could sign his.

The Problem: Because there was no Will, his share of the property was distributed according to the Rules of Intestacy. This meant his legal next of kin (his siblings) inherited his half of the house, not his long-term partner.

The Outcome: The surviving partner was forced to go to court to make a claim for her partner's share. This caused immense stress, delay, and significant legal costs that could have been completely avoided with a simple, professionally drafted Will.

What this means for you: If you own a property as tenants in common, a Will is not optional—it is the only way to ensure your wishes are followed.

How a Will Protects Your Tenants in Common Share

Owning as Tenants in Common is a powerful estate planning tool, but it only works if you have a professionally drafted Will to direct your share. This allows you to achieve important goals.

Protect Children's Inheritance

You can leave your share to your children, while still allowing your surviving partner to live in the property for their lifetime by creating a property trust in your Will.

Provide for an Unmarried Partner

For unmarried couples, a Will is the only way to ensure your partner inherits your share of the property you own together.

Asset & Care Fee Planning

By leaving your share of the property in a trust, it can help protect it from being assessed for the survivor's future long-term care fees.

Create Your Tenants in Common Will

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Your Questions About Tenants in Common Wills

How do I know if I own my property as Tenants in Common?

You can find this information on the official copy of your title deeds from HM Land Registry. If you are tenants in common, there will be a "Form A restriction" that reads: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court." We can obtain and check this for you.

Can we have unequal shares in the property?

Yes. As tenants in common, you can own the property in any shares you like (e.g., 70/30 or 60/40). This is often recorded in a separate legal document called a 'Deed of Trust' and is common when co-owners have contributed different amounts to the purchase price. Your Will would then deal with your specific share.

Can I change from Joint Tenants to Tenants in Common?

Yes, this is a straightforward legal process called "severing the tenancy." It can be done by one owner without the other's consent by serving a formal notice. Once the tenancy is severed, you must both have Wills in place to direct your individual shares. Our solicitors can handle this entire process for you.