Law and Rights
A short post today to highlight a recent case concerning wills - Solicitor's Journal - Where there's a will 29th September
In 2007 Ebenezer Aregbesola used Barclays' £90 will-writing service to create a will dealing with his various assets including homes overseas and in London. His will instructed half of the London home to be given to his daughter, Tinuola Aregbesola, on his death.
The property was owned jointly by Mr Aregbesola and his wife ? who was not Tinuola's mother. Because of the joint ownership, on Mr Aregbesola's death in early 2014, the property went wholly to his wife ? contrary to the will.
"Joint ownership" of a home can be achieved in two ways: Joint tenancy or Tenancy-in-Common. If A and B own the home on a joint tenancy then they will each own the entire property. If A and B own as tenants in common, then each will own a specified share - for example, half-each (or some other specific shares).
It seems that Mr and Mrs Aregbesola owned as joint tenants and so, when Mr Aregbesola died, his wife owned the entire home. His will could not therefore pass a half-share to his daughter.
There is a quite straightforward process by which a joint tenancy may be severed so that each may own a specific share. That ought to have been done at the time Mr Aregbesola made his will. That step would have made his will effective to pass his share of the house to his daughter.
How a £90 will by Barclays lost half my house - Telegraph 21st June. The Financial Ombudsman service can be a very useful port of call for those having problems with financial service providers such as the banks or insurers.
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Law and Rights
A problem with a cheap will ... beware !
In 2007 Ebenezer Aregbesola used Barclays' £90 will-writing service to create a will dealing with his various assets including homes overseas and in London. His will instructed half of the London home to be given to his daughter, Tinuola Aregbesola, on his death.
The property was owned jointly by Mr Aregbesola and his wife ? who was not Tinuola's mother. Because of the joint ownership, on Mr Aregbesola's death in early 2014, the property went wholly to his wife ? contrary to the will.
"Joint ownership" of a home can be achieved in two ways: Joint tenancy or Tenancy-in-Common. If A and B own the home on a joint tenancy then they will each own the entire property. If A and B own as tenants in common, then each will own a specified share - for example, half-each (or some other specific shares).
It seems that Mr and Mrs Aregbesola owned as joint tenants and so, when Mr Aregbesola died, his wife owned the entire home. His will could not therefore pass a half-share to his daughter.
There is a quite straightforward process by which a joint tenancy may be severed so that each may own a specific share. That ought to have been done at the time Mr Aregbesola made his will. That step would have made his will effective to pass his share of the house to his daughter.
How a £90 will by Barclays lost half my house - Telegraph 21st June. The Financial Ombudsman service can be a very useful port of call for those having problems with financial service providers such as the banks or insurers.
- Frank Mccourt Ordered Continue Alimony Payments
On behalf of Edwards & Associates posted in Alimony on Friday, September 23, 2011 The next phase in the complex divorce trial involving Frank and Jamie McCourt, the owners of Major League Baseball's Dodgers, is not slated...
- When She Wants To Leave And Take The Kids
?If your partner threatens to leave and take the children, let her know that she can go, but the children are staying. She does not have the right to remove the children from the family home. If she takes the children anyway, you can bring them back....
- Equitable Distribution: The Marital Interest In A Non-marital Property Or Premarital Home
As couples marry later in life or have second marriages, one or both of the parties may already own a home. As a result, in many divorce cases, the parties live in a home owned solely by one of the parties. In these cases, a common question is whether...
- Cohabitation: What About The House? Part 2 - Jones V Kernott [2011] Uksc 53.
Post updated 10th November and further links added 11th November Introduction: The Supreme Court has given its judgment in the appeal by Patricia Ann Jones against the decision of the Court of Appeal in Kernott v Jones [2010] EWCA Civ 578. ...
- Cohabitation: What About The House? A Cautionary Tale.
When a relationship comes to an end, there is often the issue of what will happen to any land acquired during that relationship. From a legal viewpoint, the ideal situation is that the parties will have provided precisely for this situation but,...