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House with a tenant in, implications in a will

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CW1 | 20:37 Wed 27th Oct 2010 | Civil
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Hi,
Need to get a will sorted but wondering - I've another house that's had the same tenant in for the last 5 years (who has said he'd like 1st refusal if I ever sold it, but that's by the by). It's got an 80% buy to let mortgage on it but at the moment (with interest rates so low) the rent more than covers the mortgage payment so there is a small "income". Would whoever I left the house to in a will have to sell it, or would they have the option of taking over the mortgage and having any "income" ?
Thanks
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You need professional help with preparing the will.
You cannot simply leave the house asset to someone in a will without taking your liabilities (the mortgage) into account. No, the mortgage cannot be transferred - on your death, your liabilities need to be settled, then anything else divided between whoever you choose to leave your money / assets to.
In simple terms, if the house is mortgages, it isn't yours to leave in a will to anyone unless you have enough money in your estate to pay off the mortgage!
Have you an Insurance Policy which covers the outstanding Mortgage upon your death?
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Dris (only just seen your reply),
On the buy to let ? No, don't think so, but then the mortgage is interest only so is paid when I sell the the house. Or, I suppose, when I die.
The house I live in I guess is covered by the endowment although part of the mortgage is interest only.
CW1, I think you really need to see someone about your will and insurance policies because it sounds like you really don't know what would be covered and what wouldn't be.
Your beneficiary could not take over your mortgage - but with a long term tenant thay should be able to raise a mortgage to clear off your mortgage. Of course, if you have life cover, the mortgage may be cleared anyway

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