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 Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I would like to as a legal question : If a mother lives in

Resolved Question:

I would like to as a legal question :
If a mother lives in a flat/property owned by her son (funds being provided by the mother) how can the mother be protected against risks like son's divorce, death, or financial default etc. Are there ways, instruments the son should take advantage of to protect his mother against loosing the right to live in the flat till her death and what are they?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is the funding dependent on her being able to live there?
Clare
Customer: replied 3 years ago.
Hi Clare,
No, the funding does not depend on the mother being there. She has already given the money to her son.
Thank you
Expert:  Clare replied 3 years ago.
Hi
Is the son currently married?
Clare
Customer: replied 3 years ago.

Yes, he is currently married.

Expert:  Clare replied 3 years ago.
Hi
The most effective way of dealing with this and avoiding IHT problems would be to grant a long term tenancy at a nominal rent which will protect her position
You should ensure that the Lease is Prepared by an experienced property lawyer.
Please ask if you need further details
Clare
Customer: replied 3 years ago.

What is a long term tenancy and what is considered to be a nominal rate?

How this tenancy protects her from, son's divorce, death or insolvency?

Is this the only way/instrument i.e. Long term tenancy?

Expert:  Clare replied 3 years ago.
Hi
How old is the mother?
Clare
Customer: replied 3 years ago.

She is 66 years old

Customer: replied 3 years ago.

Hi Clare,

I will rate your answer to my question, of course, but we have not finished the conversation.

I asked a follow up question to which you asked "how old is the mother", and my reply was "she is 66 years old", so I still have not got the answer to my last question.

Thank you, ***** ***** waiting for your answer.

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
In that case say 30 years and whatever you like - can be a bunch of flowers or a peppercorn -as you wish
The tenancy means that anyone who takes on the house must also take on the tenant
Clare
Clare and other Family Law Specialists are ready to help you