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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am married and we are both previously divorced. I have two

Resolved Question:

I am married and we are both previously divorced. I have two children from my previous marriage and my husband has no children. We both have Wills and mine stipulates that my two children are my beneficiaries. We are considering buying a house together and my husband wants the property in joint names so that it goes to him if I die first and then he will change his Will so that he leaves my share to my children on his death. I prefer the Tennant in Common method, putting my share in a trust for my children when he dies. Also what might happen if he moves house? Would appreciate your comments on this please. My concern is protection for all parties.
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

You seem to have a good grasp of the nature of the property ownership and death, is there anything else you need to know about other than how the situation would be affected if your husband moves out?

Kind regards.

Tom

Customer: replied 3 years ago.
yes, what security would my children have that he would honour his word and pass my share of the property on to them through his Will.
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.

 

They would not have a great deal of security at all. He would be free to change his will as he saw fit and therefore could write them out of it if he so chose.

 

Where a person/child is not included in another's Will then they may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. The difficulty here is that in order to do so they must prove dependency upon the deceased prior to death. This is usually in the form of financial dependency.

 

If you have passed away then I assume the children would be taken care of by their father and therefore this would produce difficulty in making a claim under the above Act if your husband no longer provides for them. In any event such a claim would be litigated if no agreement can be reached and therefore this would incur significant legal fees.

 

I would advise you strongly to opt for TIC ownership and make sure your will is at all times up to date. That, in the final analysis, is the only cast-iron way of securing your children's inheritance.

 

If your husband moved out of the house then it would not affect his ability to deal with his interest in the property provided he is still name as registered proprietor of the property with you.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 3 years ago.
My children are adults, ages 32 and 35. My husband's concern at TIC is that he could be hassled by my children should they be in need of my money. Also, if he decided to sell the property and buy a new one he would no longer have my money to put to the new property as it would be passed to my children as per the Trust. Is a Trust Fund transferable to another property?
Expert:  Thomas replied 3 years ago.

Hi,

 

Under what scenario does he think he will be hassled for money by your children?

 

I have to go offline for 30 mins now, I will be able to answer after then, I trust this is okay.

Tom

Customer: replied 3 years ago.
If they have any finanacial needs during the time before the money becomes available to them, i.e on the sale of the property.
Expert:  Thomas replied 3 years ago.

Hi,

 

If you held you interest TIC and your children inherited your share with following your passing (with your husband still allive) and do not wish for your children to have the ability to sell the property during your husband's life time (ie. because you wish for him to have a place to live) then you can give your husband the right to remain in the property during his liftime.

 

If you did this then your children could not realise the money until your husband passes away.

 

Again, it comes back to security for your children unless you hold your property as TIC then that security is at much greater risk.

 

I trust this clarfies and should be grateful if you would kindly click accept.


Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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