There is a lot for families to consider when it comes to property legalities. From ownership and major changes through to proper Will management and failing to plan ahead, discerning who owns what can become a complex, and emotionally difficult time for those involved.
We have explored some of the most common property-related legal mistakes families often make, including some tips on how they can be avoided. If you are currently dealing with a legal issue around property and ownership, our trained property dispute solicitors are here to help.
Family dynamics and property ownership have become more complicated over time, with a 2026 report stating that 71% of legal, financial and wealth practitioners agree that more complex families are a leading cause of inheritance challenges.
Conflicts related to stepparents and stepchildren can be incredibly tricky to navigate, especially when there are minimal, or no instructions in place.
Many legal issues that arise start with good intentions – a verbal promise, a forgotten document update, or a genuine mistake. When this happens, it can cause a great deal of upset, so it’s always best to review your current Will and property documentation on a regular basis or after a notable event, to ensure all your affairs are in order and reflect your current wishes.
Not creating a valid Will
Not having a valid Will in place will mean that when that person passes away, they die intestate. The value of the estate and the beneficiaries are then decided by a set of rigid rules, and there is a clear inheritance priority order:
- A spouse or civil partner (including those who are separated, but not yet divorced)
- Children of the deceased (including any adopted children)
- Surviving parents
- Full-blood siblings
- Half-blood siblings
- Grandparents
- Aunts and uncles
- Half-blood aunts and uncles
For blended families this can cause issues, as currently, if you are not married or in a civil partnership or stepchildren have not been formally adopted, you are not in line to inherit under the rules of intestacy.
In addition, legal costs are higher due to the time required to organise the estate, and beneficiaries may pay more in inheritance tax than if planning were in place. Wills can be organised quickly and easily with the help of a trained Will writing solicitor, so you can determine the precise beneficiaries of your estate.
Not updating legal documents
Major life events such as marriage, divorce, or the birth or adoption of a child should all include the correct legal documentation as proof for future estate beneficiaries. Major changes in finances and buying and selling properties should also be clearly documented. Wills should be reviewed afterwards to ensure they meet the wishes of current circumstances; this reduces the potential for Will dispute later on.
Not selecting a Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is granted to someone you trust to make decisions in your best interests should you become incapacitated. An LPA can only be appointed when someone is of sound mind, so it is an important aspect to consider as part of creating a Will.
Misunderstanding property ownership
Properties can be solely owned or jointly owned; those that are jointly owned can have tenants in common or joint tenants – the meaning of these terms is different.
This can cause confusion, especially when it comes to what someone may expect to own. A property that’s solely owned is owned by one person, with one name on the title register.
Tenants in common have distinct shares of property ownership, and if one of the tenants passes away, their share goes to the beneficiaries stipulated in their Will, not the other owner of the property.
Joint tenants own 100% of the property, so if one passes away, the other receives their ‘share’, retaining 100% ownership.
If you have questions about property ownership, want to make changes or speak to a solicitor regarding property ownership disputes, please contact your nearest Eric Robinson branch.
Assuming family members are in agreement
Whether you wish to sell, rent, transfer ownership or divide up equity, when all family members are in agreement, processes always run much smoother.
If you are planning to make changes regarding your property and its ownership, or you wish to stipulate specific actions for the future, it is important to ensure that all family members are aware, as opposed to assuming they will accept your decision. This helps to avoid disputes further down the line.
Avoiding difficult conversations
It is understandable to not want to have difficult conversations with loved ones, but sometimes it’s necessary to ensure relevant people know what your plans are regarding your property.
As previously mentioned, when all relevant people are aware of your decisions, there is less room for dispute. You may even find that approaching those awkward conversations and coming to an agreement makes you feel better about your plans and reinforces support from your loved ones.
Waiting until it’s too late
Waiting too late to make important decisions about your property or properties can have a knock-on effect later in life. If there isn’t clear instruction or an LPA in place and you become incapacitated, the courts will take control of your assets and make decisions on your behalf via the appointment of a Deputy.
In addition, failure to plan can end in higher costs and taxes, can leave your property’s equity vulnerable to later-life medical care, and in some cases can cause family disagreements. This is why it is important to have the following in place:
- An up to date, valid Will
- A named Lasting Power of Attorney(s)
- A conversation with all relevant family members as to your wishes surrounding your property, especially when you have a more complex family.
Should you wish to speak to a trained solicitor about any of the above, contact your closest Eric Robinson Solicitors branch.
We want you to feel organised and at ease with how your property is managed now, and into the future. Call us on 02380 218000, or contact your closest office:
- Southampton
- Hedge End
- Chandlers Ford
- Winchester
- Lymington
- Shoreham-by-sea
- Marlborough
- Richmond Upon Thames
