The second marriage and the family home

Updated 14 November 2026

An illustrative example based on a common situation. Names and details are invented.

Brian married his second wife, Jean, ten years after his first wife died. They bought a house together as joint tenants. Brian had two grown-up children from his first marriage; Jean had a son of her own.

What happened

Brian and Jean made simple wills leaving everything to each other. Brian assumed Jean would leave the house to all three children in the end. When Brian died, the whole house passed to Jean automatically.

A few years later Jean made a new will leaving everything to her son. She then needed residential care, and much of the house's value went on fees. Brian's children received nothing from the home their father had helped buy.

What could have been different

If Brian and Jean had owned the house as tenants in common, with each of their wills leaving their share in a protective property trust, Jean could have stayed in the home for life, and Brian's half would have passed to his children whatever happened later.

Nobody in this story did anything wrong. They just didn't know the default rules didn't match what they wanted.

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