What property passes under my will?

When clients cast their mind to the future and look to preparing their estate plan there is often confusion about what property actually forms part of their estate.  This article addresses some of the more common forms of property that do not form part of an individual's estate for distribution in accordance with the terms of their will.

Joint ownership of property

Any property held jointly with another person (such as a spouse) does not form part of the estate when one joint-holder dies.  Instead, the property automatically devolves upon the surviving joint-holder.  This is most commonly seen in respect of real property, such as the family home, where the title shows ownership by spouses as joint tenants.  Particularly where there are blended families - that is, second or third relationships with children from previous relationships - it may be more appropriate for a parent to hold their interest in the family home as tenant in common with the spouse.  The