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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My 2nd wife (who passed recently) & I decided to leave our

Resolved Question:

My 2nd wife (who passed recently) & I decided to leave our home to her daughter my step daughter (15) in trust until she is 21, and the rest of her estate to myself and my son, what would happen to our home if my step daughter died before making a will or reaching 21. I am not sure what rights I have or indeed if I am still classed as "step-father". My wife would not want our home to go to her ex husband!!
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I am sorry for your loss
I will do my best to help you but I need some further information first.
Does the Will make any reference to what should happen if your step daughter does not attain the age of 21?
Clare
Customer: replied 2 years ago.

Hi Clare,

No unfortunately not, my wife's illness deteriorated quite quickly and the will was kind of rushed, neither my wife or I gave any thought to that possible option.

Although the deeds to the house were in my wife's sole name, ALL of the household bills were paid by myself. (not sure if this makes a difference)

Thanks

David

Expert:  Clare replied 2 years ago.
Hi
Was the Will prepared by a Solicitor?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
And the solicitor did not point out the potential problem?
Can you reproduce the wording of the clause please?
Clare
Customer: replied 2 years ago.

No at no point was it discussed.

Give me 1 moment pls

Customer: replied 2 years ago.

it says;

"I give free of Inh/Tax my freehold prop (our address)to my trustees to hold on and subject to following trusts and provisions

1, upon trust to sell without being liable for loss.

2, as long as husband wants to occupy he shall do so, providing he maintains and insure property to its full value and provisions. the trustees may make no effort to sell property whilst he occupies.

3, trustees shall hold said property in trust for daughter should she survive me (wife) and reach the age of 21.

That is it regarding our home. i am one if the trustees,

David

Expert:  Clare replied 2 years ago.
Hi
Thank you for that - which solves the problem.
Your step daughter only inherits the house IF she attains the age of 21 - should she die before then the house will revert back and form part of the Residuary estate
Your step daughter will need to make a Will before she is 21 however as otherwise shoudl anything happen to her after her 21st birthday her assets would indeed pass to her father
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank Clare,

That seem to tie things up, but for clarification;

If she dies before 21 it goes into the rest of the estate, if after 21 it goes to her dad (unless a will is made)

Thanks

David

Expert:  Clare replied 2 years ago.
Hi
Yes you have understood that correctly
Clare
Clare and other Family Law Specialists are ready to help you

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