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Multiple Properties in Your Will: How to Divide Them

· 22 min

James owned three properties when he died at 62: his £450,000 family home in Bristol, a £280,000 buy-to-let in Manchester, and a £195,000 holiday cottage in Cornwall. His will left "my property" to his two daughters equally.

What seemed straightforward triggered a two-year dispute. One daughter wanted to keep the family home where she'd grown up. The other wanted the higher-value Bristol property sold and proceeds split. The holiday cottage needed £40,000 of repairs neither could afford.

Legal fees consumed £18,000 before they reached a settlement.

James's mistake is common among the 5.5 million UK adults who own multiple properties. According to dispute resolution specialists, just over half of sibling inheritance conflicts involve property or land as the chief contention. The challenge is clear: how do you divide a property portfolio fairly when locations, values, mortgages, and emotional attachments differ dramatically?

This guide shows property portfolio owners exactly how to distribute multiple properties in your will to prevent disputes, minimise inheritance tax, and ensure your legacy benefits the people you choose. Learn how fair estate distribution principles and asset protection strategies apply specifically to property portfolios.

Why Multiple Properties Create Unique Will Challenges

Unlike bank accounts or investments that are easily divisible, properties are indivisible assets with wildly different values, conditions, and income potential. When you own three properties worth £300,000, £450,000, and £280,000, you cannot simply divide each into equal shares.

Properties come with ongoing liabilities that beneficiaries inherit along with the asset. Mortgages, maintenance costs, council tax, insurance, and potentially sitting tenants create financial obligations that outlast your death. A beneficiary inheriting a £300,000 property with no mortgage receives something fundamentally different from one inheriting a £300,000 property with a £180,000 outstanding mortgage.

Joint ownership structures add another layer of complexity. Properties held as joint tenants pass automatically to the surviving owner by operation of law, completely bypassing your will provisions. Only your share of properties held as tenants in common can be controlled by your will.

The median landlord in the UK is 59 years old, with 64% of landlords aged 55 or older. With around one in five landlords having a rental portfolio worth £1 million or more, inheritance tax planning becomes critical—yet many property owners haven't updated their wills since acquiring additional properties. Learn more about lifetime gifting strategies that can protect your property legacy.

Table: Single Property Estate vs. Multi-Property Estate Challenges

Issue Single Property Multiple Properties
Divisibility Sell and split proceeds equally Must choose: specific properties to individuals or forced sale of all
Equal value distribution Straightforward percentage split Requires valuation, equalisation clauses, or acceptance of inequality
Liquidity for other bequests Property sale provides cash for other gifts May need to sell properties executors wanted to preserve
Ongoing costs Single set of maintenance/tax obligations Multiple properties with different mortgages, tenancies, repair needs
Tax planning complexity Basic IHT calculation Complex portfolio valuation, business property relief considerations, multiple ownership structures

Before determining how to divide your properties, you need to understand what your will actually controls—and what it doesn't.

What Your Will Can and Cannot Control About Property

Your will is powerful, but not all-powerful. Properties held as joint tenants pass automatically to the surviving owner by operation of law, completely bypassing your will provisions. According to gov.uk guidance on joint property ownership, joint tenants means both owners own the whole of the property, and if one owner dies the property passes to the remaining owner—you cannot give the property to anyone else in your will.

Only your share of properties held as tenants in common is controlled by your will. With this arrangement, you have specific percentage shares of the property, and you can leave your share to someone else in your will.

Emma and Michael owned three buy-to-lets as joint tenants. Emma's will left "all my property" to her daughter from a previous marriage. When Emma died at 58, Michael automatically inherited all three properties worth £840,000. Emma's will provisions were void. Her daughter received nothing.

Contrast this with Sarah and Tom, who owned the same three properties as tenants in common with a 50/50 split. Sarah's will successfully left her 50% share—worth £420,000—to her daughter. Tom retained his 50% share, and Sarah's daughter became his co-owner.

Mortgaged properties present another limitation. Your will can leave the property, but the debt becomes an estate liability under the Administration of Estates Act 1925. Executors must address mortgage debt before distributing assets to beneficiaries, either by paying it off from estate funds or by transferring the property to beneficiaries subject to the existing charge.

Properties owned through limited companies follow different succession rules governed by company structure and shareholders' agreements. Your will controls your shares in the company, not the property itself.

Life interest arrangements—allowing someone to live in a property during their lifetime, then passing to other beneficiaries on their death—require trust structures beyond simple will provisions.

Once you understand what you legally can control, the next decision is how to structure your property gifts in your will.

Specific Property Bequests vs. Residuary Estate: Which Works for Portfolios?

You have two fundamental approaches to distributing properties in a will, each with distinct advantages and limitations.

Specific bequests name each property individually with a designated beneficiary: "I give my property at 42 Oak Lane, Manchester M14 2AB to my son David." This approach provides certainty, reduces executor discretion, and honours specific wishes. If you want your daughter who lives locally to inherit the family home and your entrepreneurial son to receive the rental properties, specific bequests accomplish this precisely.

The disadvantage is inflexibility. If you sell the Manchester property and buy one in Leeds, your will now leaves David a property you no longer own. The bequest fails, and David receives nothing—unless you update your will with each portfolio change. For active property investors who buy and sell regularly, constant will updates become burdensome.

Residuary estate approach lumps all properties into your residue and divides by percentage or equally: "I give my residuary estate in equal shares to my three children." This offers flexibility—portfolio changes don't require will updates. If you own three properties today and five properties when you die, all five pass through the residuary estate to your named beneficiaries.

The disadvantage is potential conflict. Executors may need to sell all properties to divide proceeds fairly, or beneficiaries may dispute "who gets what" if executors decide to transfer properties rather than sell them. Three children inheriting three properties of unequal value must negotiate which child receives which property—a negotiation that can destroy family relationships.

Consider a portfolio owner with a stable three-property portfolio using specific bequests: family home to the daughter who lives nearby, two buy-to-lets to the son who's already a landlord with property management experience. This prevents the daughter from inheriting rental properties she doesn't want and ensures properties go to the child who can manage them.

Contrast with an active property investor with eight properties, constantly rotating through the portfolio. Using a residuary estate approach avoids updating the will every time properties change. The will states: "I give my family home at [address] to my daughter, and I give my residuary estate in equal shares to my two children." The specific bequest preserves the family home for one child, while the residuary clause catches all rental properties regardless of portfolio composition.

Decision Matrix: Which Property Distribution Approach Suits Your Situation?

Factor Specific Bequests Residuary Estate Hybrid Approach
Best for portfolio size 1-3 stable properties 4+ properties with changes Any size with sentimental property
Flexibility if buying/selling Low—requires will updates High—no updates needed Medium—only specific bequest fixed
Family conflict risk Low if values roughly equal Medium to high—beneficiaries negotiate Low if residue divided equally
Will update frequency Every property transaction Minimal Only for specific bequests
Tax planning options Excellent—can allocate strategically Good—executors have discretion Excellent—combines both strategies

The distribution method you choose has profound implications for fairness—and fairness in property portfolios isn't as simple as "equal shares."

Dividing Properties Fairly: Equal vs. Equitable Distribution

Equal distribution by value means selling all properties and dividing proceeds, or ensuring each beneficiary receives equal total value through careful allocation and equalisation clauses. Equal distribution by property count gives each beneficiary the same number of properties, potentially resulting in significantly unequal values.

But fairness doesn't always mean mathematical equality.

UK testamentary freedom gives you complete freedom to distribute unequally. Unlike some European countries with forced heirship rules, you can leave your entire property portfolio to one child and nothing to the others—though such extreme inequality may trigger challenges under the Inheritance (Provision for Family and Dependants) Act 1975.

A parent leaves a £525,000 London property to the child who helped manage the property portfolio for 15 years, handling tenant issues, coordinating repairs, and dealing with letting agents. The other two children each receive properties worth £280,000. Total inequality: £525,000 vs. £280,000. But is it unfair? A letter of wishes explaining the contribution can prevent this from feeling unjust.

Consider three children with dramatically different circumstances. Child A, a financially struggling single parent, receives the £400,000 family home outright—mortgage-free, a stable home for grandchildren. Child B, a wealthy investment banker, receives the smallest rental property worth £195,000. Child C receives two mid-value properties totaling £460,000. Equal? No. Equitable based on need and circumstance? Potentially.

Equalisation clauses can bridge value gaps: "I give my property at [family home address, value £400,000] to my daughter Emma. I give my property at [rental property address, value £300,000] to my son David, together with £100,000 from my residuary estate to equalise the distribution."

This approach maintains specific property allocation while ensuring mathematical equality. The risk is that residuary estate funds may be insufficient if property values diverge significantly before death, or if estate debts consume available cash.

According to research, just over half of sibling will disputes occurred due to property or land being the chief contention. The root cause isn't always unequal values—it's perceived unfairness without explanation.

A letter of wishes accompanies your will (legally separate, not part of the will itself) explaining your reasoning for unequal property distribution. While not legally binding, it provides context that can prevent costly challenges under the Inheritance Act 1975 and preserve family relationships.

"I have left the family home to my daughter Rachel because she has lived nearby for 20 years, visited weekly, and helped care for me during my illness. I have left the rental properties to my son James because of his property investment experience and ability to manage tenants. While the monetary value differs, I believe this distribution reflects each child's circumstances and contributions."

While you have testamentary freedom, documenting your reasoning for unequal distributions can prevent costly legal challenges and family rifts.

Whatever distribution approach you choose, you cannot ignore the 40% tax that may apply to your portfolio.

Inheritance Tax Implications of Multiple Properties

Property portfolios push many estates over the £325,000 nil-rate band. Inheritance tax receipts for 2024-25 reached £8.2 billion, a 10.8% increase from the previous year, driven largely by rising property values while thresholds remain frozen until 2030.

Buy-to-let portfolios receive no Business Property Relief. Unlike trading businesses that may qualify for 100% relief, HMRC classifies rental properties as investment businesses—fully taxable at 40% on amounts exceeding the nil-rate band.

The Residence Nil-Rate Band provides an additional £175,000 allowance, but only for your main residence passing to direct descendants. Second homes, holiday cottages, and rental properties receive no residence nil-rate band relief. A couple with a £425,000 family home and three rental properties worth £575,000 can use the residence nil-rate band for the family home, but the entire £575,000 rental portfolio counts toward the £325,000 nil-rate band with no additional relief.

Around one in five landlords have portfolios exceeding £1 million, putting them well beyond IHT thresholds. With the median landlord age at 59 and 64% of landlords aged 55 or older, inheritance planning isn't a distant concern—it's immediate.

Calculate the tax exposure: A £1.5 million property portfolio owned by an individual exceeds the £325,000 nil-rate band by £1,175,000. Tax liability: £1,175,000 × 40% = £470,000. For a couple with £500,000 combined nil-rate bands (£325,000 each), a £1.5 million portfolio exceeds thresholds by £1,000,000. Tax liability: £400,000.

Properties passing to a surviving spouse or civil partner are IHT-free due to spousal exemption. But this merely defers tax until the second spouse dies, when the entire combined portfolio faces IHT.

Consider husband and wife, each owning properties as tenants in common with a 50/50 split. Portfolio value: £1.5 million. Husband's will leaves his £750,000 share to his wife under spousal exemption. No IHT on first death. Wife now owns the entire £1.5 million portfolio. When wife dies, her estate exceeds the £325,000 nil-rate band by £1,175,000. Tax: £470,000.

Contrast with this approach: Husband leaves his £750,000 property share to a discretionary trust, with his wife having a life interest—she can live in properties or receive rental income, but cannot sell or distribute capital. On husband's death, the £750,000 exceeds his £325,000 nil-rate band by £425,000, creating a tax liability of £170,000. But when wife dies, only her £750,000 share is taxable (exceeding her £325,000 band by £425,000, creating another £170,000 tax bill). Total tax across both deaths: £340,000—saving £130,000 compared to simple spousal transfer.

Will strategies for IHT mitigation include:

  • Leaving property shares to discretionary trusts to preserve the first spouse's nil-rate band rather than wasting it through spousal exemption
  • Life interest trusts for surviving spouse with remainder to children, using both nil-rate bands
  • Specific bequests of lower-value properties to charities (charity legacies are IHT-exempt, reducing taxable estate)
  • Equalisation of estates between spouses by severing joint tenancies and restructuring ownership to use both nil-rate bands efficiently

WUHLD's online service does not include trust creation. If your portfolio exceeds £650,000 (for couples) or requires trust structures for IHT planning, consult a specialist solicitor.

Tax isn't the only financial consideration—mortgages and debt create their own complications.

Dealing with Mortgaged Properties and Property Debt

Mortgages don't disappear on death. Under the Administration of Estates Act 1925, mortgages become estate liabilities that executors must address before distributing assets to beneficiaries.

Beneficiaries inheriting mortgaged properties have three choices: take on the mortgage themselves and continue making payments, pay off the mortgage from their own funds, or ask executors to pay the mortgage from estate funds before transferring the property.

If your will is silent on mortgage treatment, executors typically sell the property or use estate funds to clear the mortgage before transferring it to the beneficiary. This can create unintended consequences.

A father leaves a £350,000 property with a £150,000 outstanding mortgage to his daughter. The will states: "I give my property at [address] to my daughter free of mortgage." Executors must use estate funds to clear the £150,000 debt. If insufficient cash exists in the estate, executors may need to sell other properties to raise £150,000, reducing the inheritance for other beneficiaries.

Contrast with a will stating: "I give my property at [address] to my daughter subject to existing mortgage." The daughter inherits the property but must continue mortgage payments or pay off the debt herself. The daughter receives a £350,000 asset with a £150,000 liability—net value £200,000—while other estate assets remain intact for other beneficiaries.

The vast majority of buy-to-let mortgages—as high as 82%—are interest-only, meaning property owners may have minimal equity despite years of ownership. A landlord who purchased a £300,000 property ten years ago with an interest-only mortgage still owes £240,000, leaving only £60,000 net equity (assuming no property value increase). Beneficiaries inheriting this property receive an asset worth potentially less than the emotional and practical burden of managing it.

Negative equity properties—where mortgage balance exceeds property value—create the most complex situations. Beneficiaries may disclaim the inheritance entirely, but must decide immediately upon learning of the bequest. Once you accept an inheritance, you cannot later change your mind and disclaim it.

IHT implications add complexity: Mortgages can only be deducted from estate value for IHT purposes if the loan is repaid from estate funds. If a beneficiary assumes the mortgage rather than the estate paying it off, the gross property value (without mortgage deduction) counts toward the estate for IHT calculation, potentially increasing the tax bill.

Will drafting language matters profoundly:

  • "I give my property at [address] to my daughter free of mortgage" = Executors must clear the debt from estate funds
  • "I give my property at [address] to my daughter subject to existing mortgage" = Beneficiary inherits property with mortgage attached

The choice affects both the specific beneficiary and the residuary estate—mortgage clearance reduces the pot available to other beneficiaries.

Beyond financial considerations, the logistics of who manages and maintains properties during probate creates practical challenges.

Practical Issues: Maintenance, Rental Income, and Probate

Probate in the UK generally takes 6 to 12 months to complete on average, but multiple properties can extend this to 18-24 months, especially with different lenders, local authorities, and varying tenancy situations.

During this extended period, someone must maintain the properties.

If buy-to-let properties have sitting tenants, rental income flows to the estate during administration, eventually distributed to residuary beneficiaries. An estate with four buy-to-let properties generating £5,000 monthly rental income during an 18-month probate period accumulates £90,000 income that forms part of the residuary estate. Who receives this? Not the beneficiaries inheriting specific properties—they receive the properties only. The rental income goes to whoever inherits the residuary estate.

Executors bear responsibility for maintaining properties during probate. A boiler breaks down—£8,000 emergency replacement. A roof leaks on another property—£4,000 repair. Frozen pipes burst in a vacant property—£3,500 damage. All paid from estate funds before distribution, reducing what beneficiaries ultimately receive.

Empty properties create particular challenges. Vacant properties typically require specialist insurance—standard insurance may become void if a property remains empty for more than 30 consecutive days. Executors must arrange specialist cover, pay premiums from estate funds, potentially arrange security or winterisation, and visit periodically to maintain insurance validity.

The Administration of Estates Act 1925 gives executors broad powers to manage property pending distribution, including selling properties if necessary to pay debts or IHT. But executors may face competing pressures: one beneficiary desperate for quick distribution, another wanting to delay sale until property markets recover, a third arguing properties should be rented rather than sold.

Tenant rights complicate matters further. Assured Shorthold Tenancies don't end automatically on the landlord's death. Executors must honour existing tenancies, continuing to provide required services and repairs. If a beneficiary wants vacant possession to move in or sell, executors must follow proper eviction procedures—potentially adding 6-12 months to the timeline.

A property portfolio executor discovers one rental property has a sitting tenant with an Assured Shorthold Tenancy due to expire in 14 months. The will leaves this property to a beneficiary who wants to move in immediately. The executor cannot provide immediate vacant possession—they must honour the tenancy through its term or negotiate early termination with the tenant. The beneficiary waits 14 months for access to their inheritance.

Grant executors specific powers in your will to manage these complexities:

  • Authority to sell properties if necessary to pay debts, taxes, or administration expenses
  • Power to transfer properties in current condition, avoiding ongoing maintenance obligations
  • Power to evict tenants if required to provide vacant possession to beneficiaries
  • Discretion to pay property expenses from specific properties' rental income rather than general estate funds

For some portfolio owners, the complexity of direct property bequests makes trust structures more appropriate—but this crosses into specialist territory.

When Life Interest Trusts Make Sense for Property Portfolios

A life interest trust allows one beneficiary (the life tenant) to benefit from property during their lifetime, then passes to other beneficiaries (remaindermen) on the life tenant's death. This structure solves specific problems that simple will bequests cannot.

The most common use case is blended families. You want to protect your surviving spouse by ensuring housing security and income, but you also want properties to eventually pass to your children from a first marriage—not to your spouse's family if they remarry, or to charity, or consumed by care home fees.

David, 62, has three properties from his first marriage: a £425,000 family home and two rental properties worth £280,000 each. He has a new wife, Sarah, 58, and two adult children from his first marriage. A life interest trust gives Sarah the right to live in the main home and receive rental income from the two buy-to-lets for her lifetime. Sarah cannot sell properties or distribute capital. On Sarah's death, all three properties pass to David's children.

Without the trust, David faces an impossible choice: Leave everything to Sarah (risking properties never reach his children if Sarah remarries, changes her will, or faces financial predators), or leave properties directly to his children (leaving Sarah potentially homeless or without income).

The life tenant has the right to live in the property rent-free or the right to income from letting the property, but cannot sell or distribute capital. Remaindermen have the right to the property on the life tenant's death. Their remainder interest has calculable value based on the life tenant's age and property value, potentially relevant for their own estate planning.

IHT advantages make trusts attractive for larger estates. Properly structured life interest trusts can use both spouses' nil-rate bands rather than wasting the first spouse's allowance through simple spousal exemption. Using the trust structure from the earlier example, a couple with a £1.5 million portfolio could potentially save £130,000 in inheritance tax.

Trusts also provide control and protection, preventing the surviving spouse from selling properties and spending proceeds irresponsibly, remarrying and leaving everything to a new spouse, or being targeted by financial predators or abusive family members.

Life interest trusts require specialist legal drafting and trustee appointment. WUHLD's online will service does NOT include trust creation. If your property portfolio requires trust structures for IHT planning or blended family protection, you need a solicitor specialising in estate planning.

You need a trust if your situation involves:

  • Blended families with children from previous relationships who must be protected
  • Portfolios exceeding £1 million where IHT planning is critical
  • Vulnerable beneficiaries who are disabled, under 18, or have poor money management skills requiring ongoing protection
  • Business property portfolios with complex succession planning requirements

Whether you use simple bequests or trust structures, the words you use in your will make the difference between clarity and conflict.

How to Describe Properties Clearly in Your Will

Ambiguous property descriptions destroy estates. "My house in Manchester" is meaningless if you own three properties in Manchester. "My rental property" fails if you have eight rental properties. Precision prevents disputes.

Use the full postal address including postcode for every property: "42 Oak Lane, Manchester M14 2AB" not "my Manchester house." For absolute certainty, include Land Registry title numbers—particularly important for properties with similar addresses or shared access.

The Land Registry title number is unique to each registered property in England and Wales. You can find it on your title deeds or property documents. Including it eliminates any possible ambiguity: "my freehold property known as 42 Oak Lane, Manchester M14 2AB and registered at HM Land Registry under title number GM123456."

Specify whether your gift includes contents and furnishings or just the bricks and mortar. "Together with all fixtures and fittings but excluding personal contents" makes clear that built-in wardrobes transfer with the property but your antique furniture collection does not.

State the mortgage position explicitly. "Free of any mortgage or charge" means executors pay off debt from estate funds. "Subject to existing mortgage" means the beneficiary inherits the property with the debt attached. The difference can be £150,000+ in what other beneficiaries receive.

If you own property as tenants in common, specify you're leaving "my 50% share" or "my interest" in the property. Trying to leave the entire property when you only own half creates confusion and potential disputes with your co-owner.

Example of good wording: "I give my freehold property known as 42 Oak Lane, Manchester M14 2AB and registered at HM Land Registry under title number GM123456, together with all fixtures and fittings but excluding personal contents, to my son David Smith, free of any mortgage or charge, absolutely."

Example of bad wording: "I leave my rental property in Manchester to my son."

Problems with the bad wording: Which property if you own multiple in Manchester? What if you sell it and buy one in Liverpool? Does "rental property" include properties currently vacant? Does your son inherit the mortgage? What about the furniture?

Template clauses for common scenarios:

Specific property to individual beneficiary: "I give my [freehold/leasehold] property known as [full address including postcode] and registered at HM Land Registry under title number [title number], together with all fixtures and fittings, to [full name of beneficiary], free of any mortgage or charge, absolutely."

Share of co-owned property: "I give my [percentage]% share in the [freehold/leasehold] property known as [full address] and registered at HM Land Registry under title number [title number] to [beneficiary name] absolutely."

Property subject to mortgage: "I give my property known as [full address] to [beneficiary name] subject to the existing mortgage charge in favour of [lender name], and I direct that my beneficiary shall be responsible for all ongoing mortgage payments."

Rental property with sitting tenants: "I give my property known as [full address] to [beneficiary name], subject to any tenancy agreements in force at the date of my death, which tenancy agreements my beneficiary shall honour according to their terms."

Even with perfect will drafting, your property distribution only works if your executors and beneficiaries know what you actually own.

Record-Keeping and Documentation for Property Portfolio Owners

A property portfolio schedule is your executors' roadmap. Maintain a current document listing: full address of each property, Land Registry title number, purchase date, current estimated value, mortgage details (lender, account number, outstanding balance), ownership structure (sole ownership, joint tenants, tenants in common with percentages), and rental status.

Store key documents where executors can find them: title deeds for any unregistered property, Land Registry official copies of title documents, current mortgage statements, property insurance policies and premium payment details, leases or tenancy agreements for rental properties, and recent professional valuations.

Digital asset considerations matter increasingly. Keep a record of online access credentials for letting agent portals, property management software, rental income tracking systems, and online mortgage accounts. Without these, executors waste months requesting access from each provider.

When you buy or sell properties, review your will within 30 days. Specific bequests become void if you sell the property mentioned. Your will states "I give my property at 42 Oak Lane to my daughter" but you sold that property two years before death. Your daughter receives nothing—the bequest fails. A will review would have caught this.

For active portfolios with five or more properties and frequent transactions, consider an annual letter to executors updating them on current portfolio composition rather than constant will amendments. Keep specific bequests for properties you'll definitely retain (like the family home), and use residuary clauses for the constantly changing rental portfolio.

An executor discovers the deceased owned a property in Wales but the will only mentions four English properties. The Wales property passes under intestacy rules, potentially to unintended beneficiaries. A property portfolio schedule would have prevented this.

An active investor with 12 properties uses a hybrid approach: "I give my family home at [full address with title number] to my daughter Rachel. I give all other properties I own at the date of my death to my son James and daughter Rachel in equal shares." The specific bequest preserves the family home for one child. The residuary-style clause "all other properties I own at my death" covers the constantly changing rental portfolio without requiring will updates for each transaction.

WUHLD's online will service includes secure document storage where you can upload property schedules, title information, and mortgage statements for your executors' future reference. This ensures the information travels with your will, accessible when needed.

With properties documented and your will drafted, the final question is whether you can handle your portfolio will yourself or need professional help.

Creating Your Multiple Property Will: DIY or Solicitor?

WUHLD's online service is suitable if you have:

  • One to three properties with straightforward ownership (sole ownership or clear tenants in common shares)
  • No complex trust requirements (no life interests, no vulnerable beneficiaries needing ongoing protection)
  • Clear beneficiaries with no anticipated disputes or challenges
  • Modest IHT exposure (estate under £650,000 for couples, £325,000 for individuals)
  • Simple mortgage situations (properties with equity, not complex cross-collateralised portfolios)

You need a specialist solicitor if you have:

  • Four or more properties with mixed ownership structures
  • A blended family requiring trust protection
  • A property portfolio exceeding £1 million requiring sophisticated IHT planning
  • Commercial property or properties owned through limited companies
  • Overseas properties (may require foreign wills)
  • Anticipated will challenges or family conflict

Key takeaways:

  • Understand what your will can control—properties held as joint tenants bypass your will entirely
  • Choose between specific bequests (naming each property) or residuary estate (lumping all properties together) based on portfolio stability
  • Consider equitable distribution, not just equal distribution, and use a letter of wishes to explain your reasoning
  • Plan for inheritance tax—portfolios over £325,000 face 40% tax on excess, and the residence nil-rate band only applies to your main home
  • Address mortgages explicitly in your will—"free of mortgage" vs "subject to mortgage" determines who pays the debt

Your property portfolio represents years of work, financial sacrifice, and strategic planning. The wrong approach to distributing these assets can trigger family disputes lasting years and legal fees consuming tens of thousands from your estate. Spending 15 minutes to create a clear, legally valid will is the final act of property management that protects the people you've built this portfolio for.

If your property portfolio is straightforward—one to three properties with clear ownership passing to specific beneficiaries—WUHLD's online will service is designed for exactly your situation. For just £49.99 (not £650+ solicitor fees), you can create a legally valid UK will in 15 minutes that includes your property distribution instructions, executor appointments, and guardianship provisions if you have children.

Preview your complete will free before paying (no credit card required), and receive four essential documents: your will, a 12-page Testator Guide with signing instructions, a Witness Guide, and a Complete Asset Inventory document for your executors.

Start your will today—your property legacy deserves more than an outdated will or no will at all.

Frequently Asked Questions

Q: Can I leave different properties to different children in my will?

A: Yes, UK law allows you to leave specific properties to specific beneficiaries using specific bequests in your will. Use the full address and Land Registry title number to identify each property precisely, and clearly state which beneficiary receives which property to prevent disputes.

Q: What happens to rental properties when someone dies?

A: Rental properties pass to beneficiaries named in the will or to heirs under intestacy rules if no will exists. Existing tenancies continue—they don't end automatically on the landlord's death. Executors must honour tenancy agreements during probate, and beneficiaries inherit properties subject to sitting tenants unless tenancies expire or are properly terminated.

Q: Do you pay inheritance tax on second homes?

A: Yes, second homes are included in your estate value for inheritance tax purposes. The residence nil-rate band (additional £175,000 allowance) only applies to your main residence passing to direct descendants, not to second homes or rental properties. Estates exceeding £325,000 (or £650,000 for couples) pay 40% tax on the excess.

Q: Can I leave my house to one child and money to another?

A: Yes, UK testamentary freedom allows unequal distributions. You can leave property to one child and cash to another. Consider using an equalisation clause to ensure fair total value, and include a letter of wishes explaining your reasoning to reduce the risk of disputes or legal challenges.

Q: What happens if property is left to multiple beneficiaries?

A: Beneficiaries become tenants in common (co-owners with specific percentage shares) unless your will specifies otherwise. They must agree on whether to sell the property and split proceeds, or whether one beneficiary will buy out the others. If they cannot agree, any beneficiary can apply to court for a sale order, potentially creating conflict and legal costs.

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Legal Disclaimer: This article provides general information about distributing multiple properties in UK wills and does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations involving trusts, overseas property, or sophisticated tax planning require professional legal advice.

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