How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Family Law Question Here...
Joshua is online now

On my death my house is to be passed in joint ownership to

Resolved Question:

On my death my house is to be passed in joint ownership to my son and daughter whilst allowing my partner to remain in residence paying all the necessary bills until she decides to move or dies.
My will sets this out quite clearly and the property has no outstanding mortgage.
What steps will my children need to take to effect this transfer and can this be done without a solicitor?
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

may I ask if you own your property jointly with your partner or on your own please?

Customer:

The property is solely in my name

Joshua :

Thank you. from what you say, you have already prepared and signed a will which contains a life interest for your partner. Is that correct please?

Customer:

Yes

Joshua :

Thanks. Have you appointed at least two executors of your will and is one of them your partner?

Customer:

Have appointed my son and daughter as sole executors

Joshua :

Thanks.

Joshua :

where there is a life interest trust, you may wish to give consideration to appointing your partner as a joint executor. The reason you may want to do this is because it will give your partner a measure of control in respect of the life trust. Your executors have full legal authority to deal with the property and if there were a disagreement between your children and your partner, if your partner is not an executor, it would mean that your partner may be faced with having to go to court in order to enforce their rights in respect of any disagreement

Joshua :

by appointing your partner as a joint executor, the no decisions about the property can be taken without your partners signature which can give your partner more control than they may have otherwise. By appointing your partner as an executor, you do not give your partner any further rights in the property then you for a given. However, there is no need to make your partner and executor in order for the trust to work

Joshua :

notwithstanding the above, there is no need to do anything at present. Upon your death, the property will be transferred into the names of your executors who will hold the property on trust for the benefit of your partner for their life. after your partner's death or earlier consent, the property will pass to the remainder men in the trust - the individuals you specified to inherit after your partner's death which may or may not be your children

Customer:

Don't wish to go down that route.

Joshua :

your executors can either ask a solicitor to assist them with the transfer of the property into their names or alternatively if there is no mortgage on the property can undertake this themselves using form TR1 and AP1 which they can obtain from the land Registry.

Joshua :

however, as above, there is no need to do anything at all at the present time is your world is not take effect until after your death. Providing your will is in a safe place and can be found by your children, and has been correctly signed, that is all that need concern you for the present.

Customer:

That's the route that it appears they will need to take.

Joshua :

Would you like links to the relevant form?

Joshua :

... forms?

Customer:

Yes please

Joshua :

Certainly. just a moment if you would…

Joshua :

http://www.landregistry.gov.uk/_media/downloads/forms/TR1.pdf

Joshua :

http://www.landregistry.gov.uk/_media/downloads/forms/AP1.pdf

Joshua :

http://www.landregistry.gov.uk/_media/downloads/forms/ID1.pdf

Joshua :

they will need to obtain a grant of probate in respect of your estate before they can transfer the property or indeed any of your other assets

Joshua :

in order to attain a grant of probate, they will need to complete the following forms:

Joshua :

http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=VKhb2F_R9Q4

Joshua :

www.hmrc.gov.uk/cto/forms/iht205-2006-2.pdf‎

Joshua :

is there anything above I can clarify for you?

Customer:

No thank you ,have just been copying the details of the relevant forms.

Joshua :

if I can assist any further if you think of any further questions, please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters