Hi! The joint named property I have with my husband has 'proprietors in common' on the property title. Can I make up my will now to change the right to hold my share of the property to my son when I die?
As you own the property "in common" as apposed to "Jointly" you can will your share as you wish.
This may be complicated by a mortgage or if you are to give your husband the right to occupy and the age of your son. this require it to be held in trust.
Yes - jointly held property automatically passes to the other owner upon death, however an interest in property held as a tenant in common forms part of your estate and is will-able to your son. As Winston has stated a lawyer will best be placed to advise you of the most tax effective and appropriate ways of structuring your estate so as to give effect to your wishes.