How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6599
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I want to re do my will but am part owner of my property with

Customer Question

I want to re do my will but am part owner of my property with my stepson and daughter in law. Can I do a standard off the shelf will or must I use an solicitor.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HelloCustomer

 

Thanks for your question.

 

There's nothing prohibiting you from making a will using one of th DIY wills available on the high street as long as you make sure it is properly executed and deals with you assets in the way you want them to be dealt with.

 

As matter of course I would usually suggest a prospective testator go and see a solicitor; they will make certain the Will is properly executed, it decreases the liklehood that anyone could claim undue influence and they will also provide some limited estate planning advice. You should not really pay more than £180-200.00 for a straightforward will from a solicitor, so it's not that expensive.

 

What exactly do you want to happen to your property and do you know if you presently hold it as tenants in common or joint tenants?

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and I will be happy to continue this dialogue

 

Kind regards,

 


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Hi Tom,

My stepson and his wife funded approx 40% of our home. I put in 60% in CASH and they mortgaged their share. All I want to do is split my share between my husband and my children. I intend divorcing my husband, and would like advice on where to find a good will lawyer who might be able to advise on the divorce as well?

Expert:  Thomas replied 4 years ago.

Hi,


Thank you for your kind accept.

 

In that case you should make sure that you hold your interests as tenants in common so that your share of the property will pass according to your will (if you presently hold your interests as joint tenants then your share would pass automatically to the other joint tenants).

 

If you do not know you can check by downloading a copy of the registered title to the property from the land registry:-

http://www.landregistry.gov.uk/wps/portal/Property_Search

 

If there is an entry in the "proprietorship register" called a restriction and that restriction does not refer to the charge (ie. the mortgage) then you this means you hold your interests as tenants in common. If there is no restriction then you will have to sever the joint tenancy so that your interest will pass under your will, I can tell you how to do this if you require it once you have established how you hold your interests

 

You can use the following association of family lawyer to find a reputable family lawyer in your area to deal with your divorce:-

http://www.resolution.org.uk/

 

Please note that your interest in the property will form part of the matrimonial asset pool over which you and husband will have to achieve a settlement during the process of your divorce.

 

In reality most firms with two or more partners and a family department will also have a private client department that will be able to draft you will for you.

 

I'm afraid I have to go off line now, if you have any further follow up questions please ask and I will respond either later tonight or first thing tomorrow. Otherwise I wish you the best of luck with the matters you have in hand.

 

 

Kind regards,

 

 

Tom

 

 

 

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
Solicitor
6599 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor