How to Include Property in Your Will — UK Guide

You can include property in your will in England and Wales, but how it passes to your beneficiaries depends on how you own it. If you own property as joint tenants, it passes automatically to the surviving owner regardless of your will. If you own it as tenants in common, your share can be left to anyone you choose.

Joint Tenants vs Tenants in Common

Joint Tenants

• Both owners own the whole property together
• When one dies, the other automatically inherits their share (right of survivorship)
• Your will has no effect on jointly tenanted property
• Most common for married couples buying together

Tenants in Common

• Each owner holds a defined share (e.g., 50/50 or 60/40)
• When one dies, their share passes according to their will (or intestacy if no will)
• Common for unmarried couples, business partners, or unequal contributions
• Allows you to leave your share to children while your partner retains theirs

To find out how you own your property, check the title deeds at HMRC Land Registry or ask your conveyancing solicitor.

Including Your Property in Your Will

If you own property as a tenant in common, or sole owner, you can leave it in your will to:

• A specific person (e.g., your child or sibling)
• Multiple people in shares (e.g., three children equally)
• A trust (e.g., to protect a vulnerable beneficiary's share)

Your will should specify the property clearly — the full address is sufficient.

What About a Mortgage?

A mortgage does not prevent you from leaving a property in your will. The beneficiary inherits the property subject to the outstanding mortgage — meaning they either take on the mortgage, sell the property and repay it, or remortgage.

If you have life insurance tied to the mortgage, check whether the policy would pay off the debt and how that interacts with your estate.

Protecting Your Property for Children

A common concern is wanting to ensure your home stays in the family — particularly if you have children from a previous relationship and a new partner. A Property Protection Trust written into your will allows your partner to continue living in the property while ensuring your share ultimately passes to your children.

ClearLegacy can help you structure a will that includes property protection provisions.

Inheritance Tax and Property

Property is included in your estate for Inheritance Tax purposes. The nil-rate band (£325,000) and Residence Nil-Rate Band (up to £175,000 additional) may reduce or eliminate the IHT liability on your home — but only if the property is left to direct descendants.

Good will planning can make a significant difference to your IHT position. Speak to ClearLegacy at clearlegacy.co.uk to explore your options.