🏡 Wills and Tenants in Common

Thinking about what happens to your home if something happens to you? Let’s make it simple! Being “tenants in common” means you and your co-owner each own a specific share of your property—so what you can do in your Will REALLY matters.

What Does “Tenants in Common” Mean?

• You and your co-owner can have equal or different shares (e.g., 50/50, 70/30).
• Each share can be left by Will to anyone you choose—not just the co-owner.
• This gives you more control over who inherits your part of the home.

Why Make a Will as a Tenant in Common?

• Protects children from earlier relationships or favourite relatives.
• Makes sure your partner can stay in the property if you use trusts.
• Can help reduce inheritance tax or protect against care home fees.

What Happens When a Tenant in Common Dies?

• If you leave a Will, your share goes to whoever you choose.
• If you don’t, it follows UK intestacy rules (which might surprise you).
• The person inheriting your share might become a co-owner with the survivor, or the property could even need to be sold to divide the value.

Using Family Trusts for Extra Protection

• A “life interest trust” lets your partner live in the home for life, while your share goes to your chosen children after your partner passes.
• Ensures children are not accidentally cut out of their inheritance.
• Helps stop the home being lost to remarriage, family disputes or care fees.

Protecting Against Care Home Fees with Tenants in Common

• When your home is owned as tenants in common, each owner’s share is treated separately if the local authority looks at care home fees in the future.
• If one co-owner needs care, only their share is generally counted for means testing—the other share can be “ring-fenced” for children or chosen beneficiaries by using a Will or trust.
• This approach can help reduce the risk of losing the whole property to care costs, giving your loved ones more financial security.
• Many families use a property protection trust (also called a “life interest trust”) in their Wills. This lets the surviving partner stay in the home for life, while the first partner’s share is protected for children or other beneficiaries.

• The process is called “severance of tenancy” if you need to move from joint tenants to tenants in common, and it's straightforward for most property owners.
• This strategy does not guarantee total protection, but it often means at least half the home’s value is preserved for your chosen heirs.

Can I Change from Joint Tenancy?

• It’s easy—your Will writer or conveyancer can serve a notice of severance.
• Check your title deeds if you’re unsure—your advisor can help.

Why Trust This Guide?