Gift of land, buildings etc

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

This section will not appear if you answered "Yes" to the first Beneficiaries question.

The interview will ask you “How do you want to leave property such as buildings or land?”

  • Select the first option if you want to leave a UK property to a particular beneficiary or divide it in a particular way.
  • Select the second option if you want all UK property you own to go to whoever is going to inherit your residuary estate. (You don’t have to mention it specifically in your will and you won’t be asked any more about it.)
  • Select the third option if you don't own any buildings or land (including your home).

If you chose the first 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, whatever your will says. Therefore, to avoid a disappointed beneficiary, you should not try 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.