Inhertitance - issue

[sorehead]

Can joint tenancy be contested?

(On the grounds that it was the solicitor’s choice to use joint tenancy instead of tenants in common. No specific instruction was given based on naivety rather than anything else.)

There has since been a death and due to the sudden nature of the death no will had been made. And only now has this come to light as there is no inheritance for the child of the deceased and the property has passed to deceased’s brother based on the joint tenancy.

 

[juke]

Depending on the circumstances - Yes. Parent/Guardian of the child should get legal advice immediately.

 

[mame]

Consult a Solicitor and explain your situation. A Solicitor should always explain to a client the different ways that property can be held by them and the succession and tax implications of same. If no advice was given at the time as to this then it may be possible to contest the deed of transfer.

 

[mf1]

I have a diffferent way of looking at this!

Should'nt people with kids make wills? And while they are at it, look at assets.

mf

 

[juke]

Shouldn't people with kids make wills?

Of course, and I believe those who don't are irresponsible parents. You know as well as anybody the amount of clients who don't make wills for many irrational and ridiculous reasons, like "I'm too young", "It's too morbid". And then there's the ones who just keep putting it on the long finger. I despair.

 

[j26]

Of course, and I believe those who don't are irresponsible parents. You know as well as anybody the amount of clients who don't make wills for many irrational and ridiculous reasons, like "I'm too young", "It's too morbid".

Or the entirely rational reason that the 1/3-2/3 split suits the persons wishes.

To the OP - it can be contested, but it would have to be shown that the original creation of the joint tenancy was contrary to instructions, or that in the absence of any instruction that the presumption of a joint tenancy can be rebutted.

Was it a business relationship, or a domestic arrangement that led to the creation of the joint tenancy. If it was a business relationship, such as ownership of a rental property, the court may be more inclined to infer a tenancy in common.