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.
may I ask if you own your property jointly with your partner or on your own please?
The property is solely in my name
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?
Thanks. Have you appointed at least two executors of your will and is one of them your partner?
Have appointed my son and daughter as sole executors
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
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
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
Don't wish to go down that route.
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.
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.
That's the route that it appears they will need to take.
Would you like links to the relevant form?
Certainly. just a moment if you would…
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
in order to attain a grant of probate, they will need to complete the following forms:
is there anything above I can clarify for you?
No thank you ,have just been copying the details of the relevant forms.
if I can assist any further if you think of any further questions, please do not hesitate to revert to me
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