Mr and Mrs Zzake have always believed in building family wealth together. They jointly own several pieces of land and even have a joint bank account. They decided to write a will so that their children are guided on how the estate should be handled when they die.
Mr Zzake said since most of their property is joint property, they cannot put it in the will. He said wills only allow property owned by one person.
WHAT DOES THE LAW SAY?
According to the law, jointly owned property like land is passed on to the surviving owner when the other owner dies. For example, if Mr Zzake dies first before Mrs Zzake, then the land they own together as joint tenants automatically becomes hers.
Therefore, if they write a joint will, it should be clearly stated that upon the death of one of them, the surviving spouse will take over all the property as theirs.
This can also be mentioned if the two write individual wills.
However, in land law, there is a situation called tenancy in common. This is where two people own shares in the same piece of land. In this case, the people are only allowed to put and give away in their will, only the part that belongs to them.
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Source: BarefootLawyers
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