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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1723
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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My wife has died recently and she asked me to make sure that

Customer Question

Hi my wife has died recently and she asked me to make sure that our house would be left to her children if inything happened to me .i am more than happy to do this with a will but I know wills can be changed its has been suggested to do a deed of trust as well is this the right thing to do
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.

Hi,

Thanks for your question.

Did you and your wife own your house together?

Do you know if you held your interests in it as "joint tenants" or "tenants in common"?

Kind regards,

Tom

Customer: replied 1 year ago.
The house was in my wifes name but I have grant of probate
Expert:  Thomas replied 1 year ago.

Right.

In your wife's will does it simply state that you inherit the house upon her death/

Is there a mortgage on the property?

Kind regards

Tom

Customer: replied 1 year ago.
There was no will in place there was a mortgage but through a joint life assurance I have paid some of it off leaving myself with a small mortgage
Expert:  Thomas replied 1 year ago.

So, the property is now registered in your sole name. Correct?

Kind regards,

Tom

Customer: replied 1 year ago.
a solicitor has just dealt with that matter
Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If the intention of your wife was that you should inherit her part of the house but that upon your death it should pass to her children then it was probably not the most ideal way of dealing with it. Ideally her will would have stated that he interest in the house would pass to her children but with a life interest to you so that you could live their for the remainder of your life.

You are correct in that you could execute Will but that this may not reassured her children since anybody can change their Will at any given time.

If the children are not reassured by you stating that you will execute a Will leaving your wife’s interest to them then a Declaration of Trust executing by you and her children could reassure them. This is where the legal title remains held by you but that you state that the equity in the property is held jointly by you and the children.

It would state that you each have a certain percentage of the equity of the property and so you could do your sums and work out what are fair percentages. This could then be registered against the title for the propert in the form of a restriction which would prevent you from selling/remortgaging without the children’s consent.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Customer: replied 1 year ago.
Thankyou for your response tom a declaration of trust would be a good idea I think is it easy to set up
Regards
Expert:  Thomas replied 1 year ago.

Hi,

It's fairly straightforward but you should get a solicitor to prepare it to ensure that it accords with your instructions.

Please remember to leave feedback.
Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave feedback.

Kind regards,

Tom

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