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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11564
Experience:  30 years as a practising solicitor. Partner in own firm.
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Hi my dad is leaving me his house in his will but hes putting

Resolved Question:

Hi my dad is leaving me his house in his will but he's putting a covedent on it what does this mean please
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Do you mean a covenant? A covenant is a restriction on the title or on the use of the property.
What does your father intend here?
-Could you explain your situation a little more?
Customer: replied 3 years ago.
Hi what he's saying is he wants to stay in family me then my son then his children but where the house is I would not want to live so I'm asking can I sale it or buy a house with that one as guarantor or sale it at any point later in life thanks you
Expert:  JGM replied 3 years ago.
If he creates a trust then you would be restricted on how you could dispose of the property. Normally a legacy of a house in a will would be quite straightforward and the beneficiary could do what he or she wanted with the bequest.
However, if conditions are attached and the will actually creates a trust restricting the disposal of the property then you will be restricted in whether and how you can dispose of the property.
Customer: replied 3 years ago.
He's saying that it has to be past down to my son ect but can I mortgage to buy another house on that property
Expert:  JGM replied 3 years ago.
If the title is to go in your name, then yes you could.
Customer: replied 3 years ago.
Yes it will be in my name but what if my son god forbids dies before me what's happens when I die? With the house
Expert:  JGM replied 3 years ago.
If that happens, then the house would pass according to your will.
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