Can I leave my house to whoever I want in my will?

Yes, if the property is in your sole name or held as tenants in common, you can leave your share to anyone you choose in your will. However, if you own the property as joint tenants with another person, the right of survivorship applies: your share passes automatically to the surviving co-owner on your death and cannot be overridden by your will. To leave a jointly owned property in your will, you must first sever the joint tenancy to convert ownership to tenants in common.

Do I need to include my property in my will separately from the rest of my estate?

Not necessarily. A well-drafted residuary clause — 'I give all my remaining estate to...' — will capture your property along with everything else. However, if you want to leave the property to a specific person (for example, your house to one child and your savings to another), you should include a specific bequest clause naming the property, the Land Registry title number if possible, and the intended beneficiary.

What happens to a mortgage if I leave my house in my will?

The mortgage does not disappear when you die. Your estate must settle the outstanding mortgage from other assets before passing the property free of debt to the beneficiary — unless you direct otherwise in your will. If you have a life insurance policy linked to the mortgage, the payout usually clears the debt first. If the estate cannot pay off the mortgage, the beneficiary inherits the property subject to it, which means they take on the remaining mortgage obligations.

How do I describe my property in my will?

Describe the property clearly by its full address and, if registered at the Land Registry, its title number (shown on your deeds or obtainable free at gov.uk). For example: 'I give my freehold property at 14 Example Street, Leeds, LS1 1AA (Land Registry Title No. WYK123456) to my daughter Jane Smith.' This level of detail prevents ambiguity, especially if you own more than one property.

What is the difference between joint tenancy and tenants in common for will purposes?

Joint tenants own the whole property together without distinct shares. If one joint tenant dies, their interest passes automatically to the surviving co-owner (right of survivorship) — the will cannot change this. Tenants in common each own a defined share (often 50/50 but can be unequal). A tenants in common owner CAN leave their share in their will to any beneficiary. Most couples start as joint tenants; unmarried couples and business partners often choose tenants in common.

Can I leave property to my children instead of my spouse?

If you own the property in your sole name or as tenants in common, yes — you can leave your share to your children. However, your spouse may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they are financially dependent on you and your will does not make adequate provision. For couples who own property jointly as joint tenants, the property passes automatically to the surviving spouse regardless of the will until the joint tenancy is severed.

Leaving Property in a Will UK: How to Include Your House (2026)

Why your ownership type matters

In England and Wales there are two main ways to co-own property: joint tenancy and tenants in common. The distinction is critical for will planning.

Sole owner: The property is in your name alone. You can leave it in your will to whoever you choose.
Joint tenants: You and your co-owner hold the property together with no distinct shares. On your death, your interest passes automatically to the surviving co-owner by the right of survivorship — your will has no effect on this.
Tenants in common:You each own a defined share (commonly 50/50, but can be any proportion). You can leave your share to anyone in your will. Your co-owner's share is unaffected.

Most married and civil-partnered couples who bought their home together are joint tenants. Unmarried couples, business partners, and those who have severed a joint tenancy are typically tenants in common.

How to check your ownership type

Search for your property's title register free at gov.uk(search for “search for property information” on the Land Registry service). Look at the proprietorship register:

If the title contains a Form A restriction— “No disposition of the registered estate by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises...” — you are tenants in common.
If there is no such restriction, you are most likely joint tenants.

Severing a joint tenancy

If you are joint tenants but want to leave your share of the property to someone other than your co-owner, you need to sever the joint tenancy first. This converts your ownership to tenants in common. To sever:

Serve a written notice of severance on your co-owner (the notice simply states that you are severing the joint tenancy with immediate effect).
Register a Form A restriction at the Land Registry (Form RX1, no fee for the first restriction) so any future buyer or lender knows the property is now held as tenants in common.

Once severed, each owner holds a distinct share (usually 50/50 unless you had a declaration of trust specifying otherwise). Each owner can then deal with their own share in their will.

You do not need the other owner's consent to sever — it takes effect on the date you serve the notice. Keep proof of service (a signed acknowledgement or send it by recorded post).

How to describe your property in your will

Accurate description prevents disputes. Use the following format in your specific bequest clause:

“I give my [freehold / leasehold] property known as [full address including postcode] (Land Registry title number [XXXXXX]) to [full name of beneficiary].”

The Land Registry title number appears on your official copies of the register entries (the downloaded PDF), or you can search it free online. Including it removes any ambiguity if you own multiple properties or move before you die.

If you want the beneficiary to inherit the property subject to any outstanding mortgage, add: “subject to any mortgage secured on it at the date of my death.”

What happens to a mortgage on death?

A mortgage is a debt secured against the property. It does not disappear when you die. Three outcomes are possible:

Life insurance pays off the mortgage: If you have a mortgage protection policy or decreasing term insurance linked to the loan, the insurance payout clears the debt. The beneficiary inherits a property free of the mortgage.
Estate pays off the mortgage: Your executor can use other estate assets (savings, investments) to settle the outstanding balance before transferring the property to the beneficiary.
Beneficiary inherits subject to mortgage: If the estate cannot clear the mortgage, the beneficiary takes on the remaining debt — they must continue repayments or remortgage in their own name. This is only possible if the lender agrees to transfer the mortgage.

Speak to your lender and your insurer before finalising your will to understand which outcome applies to your situation.

Leaving property to children or grandchildren

You can leave property to children, including children from a previous relationship. However, there are two practical points to address:

Minors cannot hold property directly. If the beneficiary is under 18, you must appoint trustees to hold the property on their behalf until they reach 18 (or an older age you specify). Your WillSafe UK will kit includes a trustees clause for exactly this purpose.
Spouse's rights under the Inheritance Act 1975. If your surviving spouse or civil partner is financially dependent on you, leaving the family home entirely to your children could lead to an Inheritance Act claim. You may wish to include a right to live in the property (life interest) for your spouse while ultimately passing it to your children.

Residuary clause vs specific bequest

You have two ways to cover property in your will:

Residuary clause:“I give all my remaining estate to X.” This captures everything you own at death — including property — and is simpler to maintain when your asset position changes. Suitable if one person inherits everything.
Specific bequest:“I give 14 Example Street to X.” Use this when you want to leave the property to a different person from the rest of your estate, or when precision matters (e.g., you own multiple properties).

Both approaches are covered step-by-step in the WillSafe UK Single Will Kit and Mirror Wills Kit.

Ready to leave your property in a will?

WillSafe UK's will kits include property bequest clauses, trustee appointments for minor beneficiaries, and step-by-step guidance. Complete your will in under two hours.

Single Will Kit — £39.99 Mirror Wills Kit (couples) — £59.99

How to leave property in a will: step-by-step

Check how you currently own the property: Look at your Land Registry title register (free at gov.uk/search-property-information-land-registry). If it shows two or more owners, check whether you hold as 'joint tenants' or 'tenants in common'. If the title shows a Form A restriction, you are tenants in common. If there is no restriction, you are likely joint tenants.
Sever the joint tenancy if needed: If you are joint tenants and you want to leave your share in your will to someone other than the surviving co-owner, you must sever the joint tenancy first. This is done by serving a written notice of severance on the other owner and registering a restriction at the Land Registry (Form RX1). Once severed, you each own a defined share as tenants in common.
Decide who should inherit the property: Identify your chosen beneficiary clearly — full legal name and relationship. If you want the property split between more than one person, specify the shares (for example, 50% to each child). If the beneficiary is a minor, consider appointing trustees to hold the property until they reach 18.
Include a specific bequest clause in your will: Describe the property by its full address and Land Registry title number (if registered). State who you give it to and on what terms. If you prefer the property to pass under your general residuary clause instead, make sure the clause is broad enough to capture it.
Sign, witness, and store your will: Sign your completed will in the presence of two independent adult witnesses (who must not be beneficiaries or married to beneficiaries). Both witnesses must sign in your presence. Store the signed original in a fireproof safe, with a solicitor, or through HMCTS's government will storage service. Tell your executor where it is kept.

Frequently asked questions

Can I leave my house to whoever I want in my will?: Yes, if the property is in your sole name or held as tenants in common, you can leave your share to anyone you choose in your will. However, if you own the property as joint tenants with another person, the right of survivorship applies: your share passes automatically to the surviving co-owner on your death and cannot be overridden by your will. To leave a jointly owned property in your will, you must first sever the joint tenancy to convert ownership to tenants in common.
Do I need to include my property in my will separately from the rest of my estate?: Not necessarily. A well-drafted residuary clause — 'I give all my remaining estate to...' — will capture your property along with everything else. However, if you want to leave the property to a specific person (for example, your house to one child and your savings to another), you should include a specific bequest clause naming the property, the Land Registry title number if possible, and the intended beneficiary.
What happens to a mortgage if I leave my house in my will?: The mortgage does not disappear when you die. Your estate must settle the outstanding mortgage from other assets before passing the property free of debt to the beneficiary — unless you direct otherwise in your will. If you have a life insurance policy linked to the mortgage, the payout usually clears the debt first. If the estate cannot pay off the mortgage, the beneficiary inherits the property subject to it, which means they take on the remaining mortgage obligations.
How do I describe my property in my will?: Describe the property clearly by its full address and, if registered at the Land Registry, its title number (shown on your deeds or obtainable free at gov.uk). For example: 'I give my freehold property at 14 Example Street, Leeds, LS1 1AA (Land Registry Title No. WYK123456) to my daughter Jane Smith.' This level of detail prevents ambiguity, especially if you own more than one property.
What is the difference between joint tenancy and tenants in common for will purposes?: Joint tenants own the whole property together without distinct shares. If one joint tenant dies, their interest passes automatically to the surviving co-owner (right of survivorship) — the will cannot change this. Tenants in common each own a defined share (often 50/50 but can be unequal). A tenants in common owner CAN leave their share in their will to any beneficiary. Most couples start as joint tenants; unmarried couples and business partners often choose tenants in common.
Can I leave property to my children instead of my spouse?: If you own the property in your sole name or as tenants in common, yes — you can leave your share to your children. However, your spouse may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they are financially dependent on you and your will does not make adequate provision. For couples who own property jointly as joint tenants, the property passes automatically to the surviving spouse regardless of the will until the joint tenancy is severed.