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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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hi a friend of mine is seriously ill with copd. he has almost

Customer Question

hi a friend of mine is seriously ill with copd. he has almost used all of his free legal aid and wants to make a will so his house gets left to his daughter who is 10 years old. it is currently mortgaged and only his name is XXXXX XXXXX deeds to the house. he wants to find out if he wrote a will himself for his daughter would it be legal. also as his ex partner would just sell could he get someone other than his ex- partner to hold the house (deeds and stuff) until his daughter reaches 18. he has between 6 months and 5 years but is in a very bad way!!!! and hasnt yet wrote a will. any help would be much appreciated
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

A will not drafted by a solicitor will be enforceable as long as the person has capacity, there is no fraud or duress in the making of the will and the testator's signature is witnessed by two witnesses who also sign the Will.

 

You can purchase DIY wills from high street outlets but its only costs around £150+vat for a simple WIll to be drafted by a solicitor and they will also ensure that it is executed appropriately so that it would be legally enforceable. This is the surest way of achieving post-death security.

 

The will can specify who is to be the executor and responsible for the residuary estate until the child reaches 18 years of age (or such age as he may specify in the WIll.

 

Upon his death the mortgage will have to be dealt with and he should ensure that he if he owns the house with another person they hold their shares as tenants in common. If, in the alternative, they hold their shares as joint tenants then his share in the property would pass automatically to the other co-owner regardless of what the Will states. 7

 

I really would advise trying to find the relatively small amount of money to get a Will drafted by a solicitor - they will also provide basic estate planning advice.

 

Kind regards,

 


Tom

Customer: replied 4 years ago.
he is the only person on the mortgage and the deeds etc and has insurance to cover the mortgage if he passes away. as it stands he hasnt got any income at the moment as he only just found out about condition so will have to do a d.i.y will. he just wants everything he has to be left to his daughter and no-one else. so is he able to state who he wants as executor of the house until the child reaches whatever age he chooses??
Expert:  Thomas replied 4 years ago.

Right. He can specify who is to be the executor in the Will for his residuary estate. This person would act as trustee of the assets passing under the Will until the child becomes of age to inherit herself.

 

Again thought I really would strongly advise getting a solicitor to draft it for him. The matters is that important after all.

 

Hope this clarifies, if so please click accept.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6397
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.
in my moms will she has equally left it to myself and my 2 sisters, as i do not think i will outlive my mom through ill health - can the share of my inheritance off my mom go to my daughter if i stipulate that in my will only - or does my mom have to stipulate in her will also that if i pass away before her that it automatically goes to my daughter
Expert:  Thomas replied 4 years ago.
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