Yes — and in Some Ways It Can Be Simpler
A Homeowner Protection Will is not only for couples who jointly own their home.
If the property belongs entirely to one person, that homeowner can use their Will to provide security for their husband, wife, partner or another person while ultimately preserving the property for children, grandchildren or other beneficiaries.
There is no need to divide an already solely owned property into “halves” first.
The sole homeowner decides what happens to their property through their Will.
A Simple Example
David owns the family home in his sole name.
He lives there with Susan.
David has two children, Emma and James.
He wants two things:
Susan should be secure in the home if David dies first.
and
Emma and James should ultimately inherit the property.
David’s Will can create a trust giving Susan the right to live in or benefit from the property.
When Susan’s rights eventually end, the property can pass to Emma and James.
The Whole Property Can Potentially Be Protected
Where David owns the property outright, he is not limited to protecting a 50% share.
Subject to matters such as mortgages, debts and estate liabilities, his Will can potentially place the whole beneficial interest into the Homeowner Protection Trust.
Susan receives the rights David chooses to give her without automatically becoming outright owner of the entire property.
Particularly Useful in Second Relationships
Imagine David bought his home before meeting Susan.
He has children from an earlier marriage.
David wants Susan to remain secure after his death.
But he does not necessarily want the house eventually passing:
- under Susan’s later Will;
- to Susan’s children;
- to a future husband;
- or under Susan’s intestacy.
Leaving the property outright to Susan would expose it to those possibilities.
Instead, David’s Will can effectively say:
“Susan can have the security and benefit of the home, but ultimately I want my children to inherit it.”
Does My Partner Need to Own Part of the House First?
No.
A partner does not have to be a joint owner before they can receive rights under a Will trust.
The Will can create those rights when the homeowner dies.
Depending upon the wording, the survivor might receive:
- a lifetime right to occupy;
- a life interest;
- the right to move to another property;
- or other benefits.
The arrangement should reflect what the homeowner actually wants.
Do We Need to Change the Property to Tenants in Common?
No.
Joint tenants and tenants in common are forms of joint ownership.
If David is the sole owner, there is no joint tenancy to sever.
There is therefore normally no need to add Susan to the property simply to create a Homeowner Protection Will.
Should I Put My Partner on the Deeds First?
Not automatically.
There may occasionally be good reasons for changing ownership during lifetime.
But it should not be done merely because someone thinks:
“Both names need to be on the house before we can make these Wills.”
That is not generally necessary.
Adding another owner could affect:
- beneficial ownership;
- the mortgage;
- tax;
- divorce or separation;
- creditors;
- and future estate planning.
If the objective can be achieved through the Will, changing ownership now may create unnecessary complications.
What Happens When the Sole Owner Dies?
Because David is the sole legal owner, the property forms part of his estate.
His executors deal with it under his Will.
There is no surviving joint registered proprietor who automatically takes the legal title.
Probate will therefore normally be needed before the property can be transferred or otherwise dealt with through HM Land Registry.
Can the Survivor Continue Living There?
Yes, if the Will gives them that right.
The Will should make clear:
- how long the survivor can remain;
- whether rent is payable;
- who pays bills and repairs;
- whether they can move;
- whether a replacement property can be bought;
- what happens if they permanently leave;
- and when their interest ends.
Simply writing:
“Susan can stay in the house”
is not enough for an arrangement which might last 20 or 30 years.
Can the Survivor Stay for Life?
Potentially, yes.
David could give Susan a lifetime interest.
For example:
Susan may occupy and benefit from the property for the rest of her life.
When Susan dies, her rights end and the property passes to Emma and James.
For spouses and civil partners, the original page also notes that a qualifying life interest can have important Inheritance Tax treatment.
What If We Are Not Married?
The trust can still be created.
But the tax position may be very different.
An unmarried partner does not receive the spouse or civil-partner Inheritance Tax exemption simply because the couple have lived together for many years.
Matters such as:
- the value of the property;
- Nil-Rate Band;
- Residence Nil-Rate Band;
- other assets;
- life assurance;
- and possible Inheritance Tax
may therefore need more careful consideration.
An Unmarried Partner May Otherwise Inherit Nothing
This is particularly important where the home is owned by only one partner.
Suppose David and Susan have lived together for 20 years but never married or entered a civil partnership.
The house belongs solely to David.
If David dies without a Will, Susan does not automatically inherit the house simply because she was his long-term partner.
That makes a properly considered Will especially important.
What If My Partner Has Contributed Towards the House?
Then the ownership position may need investigating.
The Land Registry may show David as the sole registered proprietor.
But another person might potentially claim a beneficial interest arising from matters such as:
- contributions towards the purchase;
- agreements between them;
- mortgage contributions;
- or other dealings.
Estate planning should be based upon the real beneficial ownership, not simply whose name appears on the Land Registry title.
What If There Is a Declaration of Trust?
That needs to be checked.
A property may appear to have one registered owner while another document records the beneficial ownership differently.
A Declaration of Trust can therefore affect what the homeowner is actually entitled to leave under their Will.
You cannot leave through your Will something which genuinely belongs to somebody else.
What About a Mortgage?
A solely owned home can still be mortgaged.
The Will cannot remove the lender’s security.
If there is substantial borrowing, the executors and survivor need to know how the mortgage will be maintained or repaid.
Life assurance may be especially important where the survivor has no ownership interest of their own and could not afford the mortgage alone.
[Can You Have a Homeowner Protection Will With a Mortgage? →]
What If the Survivor Cannot Afford to Stay?
The Will can provide flexibility.
Suppose David’s property sells for £500,000.
Susan would be better suited to a £300,000 bungalow.
The trustees might be able to buy the bungalow for Susan to occupy and retain the remaining trust capital appropriately.
Susan remains secure.
The protected inheritance remains within David’s trust.
[Can the Survivor Move House After the First Death? →]
Does the Survivor Own the Replacement Property?
Not necessarily.
If David’s trust money buys the replacement home, the property can remain subject to David’s trust.
Susan may have the right to live there without owning the underlying capital outright.
The basic arrangement remains:
Susan receives the benefit.
Emma and James remain the ultimate beneficiaries.
What If the Survivor Already Owns Their Own Home?
That may affect what is appropriate.
David might decide Susan only needs:
- temporary occupation;
- a right to remain for a specified period;
- a limited right of residence;
- or perhaps no lifetime interest at all.
A lifetime right should not be included automatically just because the homeowner has a partner.
The arrangement should match the actual circumstances.
Can the Right to Stay End on Remarriage?
Potentially.
The Will could provide that the survivor’s right ends following:
- death;
- remarriage;
- entering a civil partnership;
- permanent cohabitation;
- permanently leaving the property;
- or another clearly defined event.
But there is no single correct answer.
Some people want their partner protected for life regardless of future relationships.
Others want the inheritance released earlier if circumstances change.
Homeowner Protection Wills Are Not Only for Married Couples
A sole homeowner might want to protect:
- an unmarried partner;
- a disabled sibling;
- an adult child for a period;
- grandchildren;
- or another person.
The essential idea is the same:
one person receives security or benefit from the home first
while
someone else ultimately inherits it.
What Happens When the Survivor Dies?
Their lifetime or occupation rights end according to the Will.
The trustees then deal with the trust property.
After any necessary tax, expenses and administration, the property or sale proceeds can pass to the ultimate beneficiaries chosen by the homeowner.
The survivor’s own Will does not normally redirect the property protected by the deceased person’s trust.
In Some Ways, Sole Ownership Is Simpler
With joint ownership we first have to establish:
Who owns what share?
With a genuine sole owner, the starting point can be simpler:
David owns the property.
His Will then decides:
Who benefits first?
and
Who ultimately inherits?
In Simple Terms
Can a sole homeowner make a Homeowner Protection Will?
Yes.
Does the partner need to be added to the deeds first?
No.
Do we need to sever a joint tenancy?
No — there is no joint tenancy.
Can the partner remain in the home for life?
Yes, if that is what the Will provides.
Can the children ultimately inherit the whole property?
Yes.
Will Probate normally be needed?
Yes.
Does an unmarried partner automatically inherit a sole-owned home without a Will?
No.
Sole Ownership Can Make This Planning Particularly Valuable
Leaving the whole property outright to the survivor may be exactly what you want.
But if your objective is:
“I want my partner secure, but ultimately I want my home to reach my children or other beneficiaries,”
a Homeowner Protection Will can provide that separation.
The survivor receives security.
You decide the ultimate inheritance.
And you do not normally need to transfer your property away during your lifetime to achieve it.
Homeowner Protection Wills
£497 single | £697 couple
[Find Out If a Homeowner Protection Will Is Right for You]
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Can a Homeowner Protection Will Work if the House Is in One Name?
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Can a sole homeowner protect their partner while ultimately leaving the home to their children? Learn how a Homeowner Protection Will can work with sole ownership, Probate and life interests.