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Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 33283
Experience:  25 years exeperience
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, Is there anywhere that I can obtain typical wording

Customer Question

Customer: Hello Joshua,
JA: Thanks. Can you give me any more details about your issue?
Customer: Is there anywhere that I can obtain typical wording for a property protection trust. The trustees will be the deceased/s wife and their 2 grown children. The deceased and wife owned the property as tenants in common. The wife is 66 and the original intention was to protect the property from potential future care home fees. I believe that the only part of the property that will be subject to the Trust will be that of the deceased. Is this correct?
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Submitted: 10 months ago.
Category: UK Property Law
Expert:  Clare replied 10 months ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Did the deceased not leave a Will dealing with his share of the property?

Customer: replied 10 months ago.
he did. As I understand it, a trust now has to be created to incorporate his wishes expressed in the Will whereby his share (as a tenant in common with his wife) is now to be shared as tenants in common by his wife and their two sons. The intention being to ensure that the property is protected from enforced sale if she ever has to be taken into care.Or, have I got it wrong in this respect?
Thanks,
John.
Expert:  Clare replied 10 months ago.

It i snot a matter of preventing a sale - unless one of the children lives there.

It means that when the property is sold only half of the equity is at risk from Care Costs - the other half goes to the two children.

There is no need for any further wording - it has already been accomplished.

Please ask if you need further details

Clare

Customer: replied 10 months ago.
Thank you Clare.If I understand you correctly - the terms and conditions (so to speak) of the Trust are as specified in the Will and now that the testator has passed away there is no need for a separate Trust deed/document to be produced. If this is correct (again, if I understand it correctly) the surviving spouse will retain ownership of her half of the property and the deceased's half will then be split 3 equally between spouse, child 1 and child 2.Presumably the new split of ownership needs to be recorded with Land Registry?Sorry to be a pain, but I need to be absolutely certain as you will doubtless understand.Thank you again.John.
Customer: replied 10 months ago.
Edit - last sentence, para 1 should read - "split 3 ways equally..............".J.
Expert:  Clare replied 10 months ago.

Hi

I would have expected the Will to leave the deceased's entire share of the house to the children - is this not the case?

Customer: replied 10 months ago.
Hi Clare,for the avoidance of doubt, here is the clause specifying the deceased' wishes on his death:4. I GIVE all my share and interest in the property at and known as xxxxxxxxxxxxxxxxxxxxxxxxxxxxx or any property I have purchased in substitution therefore as my principal place of residence at the date of my death to my Trustees UPON TRUST with the consent of my wife during her life to sell it and to hold the net rent and profits until sale and the net income from the proceeds of sale in trust for my wife during her life and after her death my Trustees shall sell the property and hold the proceeds of sale of the property in trust for my stepson xxxxxxxxxxxxxxxxxxx and my stepson xxxxxxxxxxxxxxxxx of xxxxxxxxxxxxxxxx in equal shares or to the survivor or survivors absolutely Provided that should any of my said stepchildren die in my lifetime leaving issue surviving them then such issue shall take per stirpes the share of their parent but that no one shall take whose parent is alive and so capable of taking And I direct that my Trustees may during the lifetime of my wife or such shorter period that she chooses allow her to occupy the property on the condition that she pays all the outgoings and keeps the property in good repair and condition (reasonable wear and tear excepted) and refunds to my Trustees the full cost of insuring it to its full value against loss or damage by fire and such other risks as my Trustees consider appropriate And I further direct that as often as my wife so requests my Trustees shall sell the property held by them and occupied by my wife under the provisions of this clause and with the net proceeds of sale purchase any other dwelling designated by my wife the acquisition cost of which does not exceed those proceeds of sale and shall hold any dwelling purchased by them upon the same trusts.I hope this helps.John.
Expert:  Clare replied 10 months ago.

You are correct - there is no need for a separate deed to be drawn up

The executor(s) can be registered as joint owners with the Widow, as they will hold it until the death of the widow at which point that half share will revert to the two sons.

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