Gift of land, buildings etc

Do you have specific property (i.e. land or buildings) to leave to named individuals?

You may want any UK property you own to go to whoever is going to inherit your residuary estate, in which case you don’t have to mention it specifically in your will and you should choose the second option for the question "How do you want to leave property such as buildings and land?". But if you want to leave a particular UK property to a specific beneficiary, you can do so in the interview by choosing the first option for that question. If you don't own any buildings or land (including your home), select the third option.

You will need to consider whether you want the property to pass outright to the named individual(s) or whether they are only to be entitled to it during their lifetime(s).

Either way, you will need to have the following details about the property:

  • the address; and
  • (if you know it) the title number at the Land Registry.

If you are intending to leave a life interest, the Bequeathed will is only suitable if the beneficiary is not going to be a residuary beneficiary

For more information, see our page Gifts in wills.

What about property you own jointly with another person?

If you hold a property jointly with another person, you need to establish whether you hold it as joint tenants or tenants in common.

If you hold it as joint tenants, when you die your share automatically passes to the other person regardless of the provisions of your will. Therefore, to avoid a disappointed beneficiary, it is advisable not to leave a legacy of any property held as a joint tenant.

You can, however, leave a legacy of your share of a property which you own with someone else as tenants in common. Your share of the property will pass under your will. So if you currently hold a property as joint tenants, you may wish to consider severing the joint tenancy and holding the property as tenants in common if you wish to pass your share to someone via your will.

For more information, see our page Joint property ownership.