Why does how I own my home matter more than the will?
Joint tenants own the whole property together, and on death the survivor takes it automatically, regardless of what the will says. Tenants in common each own a defined share, which passes under their will. This single distinction can defeat an estate plan.
A will leaving "my share of the house to my children" achieves nothing if the property is held as joint tenants. Severing the tenancy first, by notice and form SEV, is what makes the will effective. The register shows which you are; a Form A restriction usually means tenants in common. Our guide to joint tenants or tenants in common explains how to tell.
The documents do different jobs and most complete arrangements use more than one.
| Will | Lasting power of attorney | Declaration of trust | |
|---|---|---|---|
| When it operates | After your death | During your lifetime, if you lose capacity or ask your attorney to act | From signing, whenever the property is sold or the owners separate |
| What it decides | Who inherits, who administers, who looks after children | Who manages your money, property and care decisions | Who owns what share of the property and what happens to contributions |
| Can be made after capacity is lost | No | No | No |
| Registered with | Nobody, though it can be lodged for safekeeping | Office of the Public Guardian, before it can be used | Not registered itself; a Form A restriction on the title usually signals that it exists |
| Revoked by marriage | Yes, unless the will itself shows it was made in expectation of that particular marriage and was not to be revoked by it, under Wills Act 1837 s.18, with s.18B for civil partnership, checked 20 September 2026 | No | No |
| Our service | Will writing or mirror wills | Lasting powers of attorney | Declaration of trust |
What does a complete arrangement look like?
A will, with executors, guardians for children, specific gifts and the residue. Severance where the property is held jointly and you want your share to go elsewhere. A declaration of trust where contributions were unequal, which matters most for unmarried couples and family loans; what is a declaration of trust explains the mechanics. Lasting powers of attorney for property and for welfare. A review after every life event: marriage revokes a will, and divorce, new children and property purchases all warrant a fresh look.
Intentions a will can deal with include: protecting children from an earlier relationship while letting a partner stay in the home; making sure an unmarried partner is provided for, since intestacy gives them nothing; recording that a deposit came from one side of the family; and keeping matters simple for executors so probate does not become a second bereavement.