How to pass your house to someone else in your will - key things you need to do

• If you don’t have a will it’s important to understand who gets your home when you die
• Writing a will ensures any property you own goes to the person or people you choose
• They will also inherit any outstanding debt if you still have a mortgage when you die

Your house is probably the most valuable thing you own, so it’s important to ensure it passes to the right person when you die.

Who gets your house after your death depends upon the ownership and whether you have written a will, so it’s important to get things in order.

Types of house ownership

If you’re the sole owner you can pass the property to the person or organisation of your choice by simply naming them as the beneficiary in your will. Your chosen beneficiary could be your child, a friend or a charity close to your heart.

If you own a share of your home with another person as ‘tenants in common’, you can leave your share to the person you choose in your will.

If you own your home with someone else as ‘joint tenants’ then following your death your share will automatically pass to the other tenant.

If you own more than one property, it’s important to be clear when making your will which property you wish to pass to whom.

Who gets your house if you don’t have a will?

If you own a property and die without having written a will, the ‘rules of intestacy’ apply.

Your home would automatically pass to your surviving husband, wife or civil partner if you have one. If not, it would go to your children or to your grandchildren or great-grandchildren. Children in this case include legally-adopted sons or daughters but not stepchildren.

Setting up a trust

Many people wish to pass their property to their children but it’s important to note that children cannot inherit property until they are 18.

If you want to leave your home to your child who is currently under 18 then you can set up a trust where the property or your share of it will be held until that child turns 18 and is able to claim their inheritance. You must choose the trustee or trustees you wish to manage the trust.

What if you still have a mortgage when you die?

If you have not yet paid off the mortgage on your home when you die, any outstanding debts will be passed on. That means your beneficiaries will have to repay the loan or remortgage the property.

If your property is worth more than a certain amount the beneficiary or beneficiaries may have to pay inheritance tax.

What is a ‘reversionary bequest’?

As well as a specific bequest, you can make what is known as a ‘reversionary bequest’, which enables you to leave your home to your partner for their lifetime after which it will pass to your children or another chosen beneficiary.

Clarifying your wishes in your will can help prevent family disputes following your death and make the process of transferring ownership smoother.

You can write a will yourself but it is advisable to get legal advice, especially if your instructions are not straightforward.

More information on writing a will is available here.

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