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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am 72 and solely own my house from my first marriage, the

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I am 72 and solely own my house from my first marriage, the mortgage having been redeemed. My first wife died in 2005. I re-married in 2011 and my wife and I live in my house. My wife has always agreed that whilst this is her home the house should be left to my daughters. I wish to make a will leaving the house to my children and allow free occupancy to my wife for as long as she wishes.
What kind of will should I use and would this kind of arrangement stand in law?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You can do this but you should instruct a solicitor to prepare the Will for you.

You would effectively be stating that your children should inherit the property but subject to a “life interest” in favour of your wife. This would give her the right to remain in the property until she passes away. Usually these types of life interests are drafted in such a way so as to grant her the right but subject to 1) her remarrying or 2) her ceasing to live at the property.

They are quite common but because they are a bit more complicated than “my estate to my daughters” it really is something that you should get a solicitor to do rather than attempt to do a “D I Y” will and leaving it open to doubt and stress once you are gone.

It should cost you around £175-200+ Vat for a local solicitor to take your instructions, draft the Will and then attend your execution of it. They will probably also offer to store it for you so that it is available when you eventually do pass away.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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