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

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my stepson and daughter in...
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: 7 years ago.Category: UK Law
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3/11/2010
Solicitor: Thomas, Lawyer replied 7 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
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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
Thomas, Lawyer
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Experience: BA (Hons), PgDip, Practising Solicitor
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Customer reply replied 7 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?

Solicitor: Thomas, Lawyer replied 7 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

 

 

 

 

 

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