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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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my mother has bequeathed me her home worth about £80K in her

Customer Question

my mother has bequeathed me her home worth about £80K in her will when she dies.

she is adamant that no other family member receives a part of it; does she need to set up a trust to ensure that this happens as well as having it written in her will?
Submitted: 3 years ago.
Category: 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 your mother has any other children, adopted or natural - i.e. do you have any siblings?

Customer:

hi joshua,

Customer:

thanks for coming online. i am an only child.

Joshua :

Thanks. Does your mother have any financial dependents or a spouse?

Customer:

no.

Joshua :

Thanks. On that basis it is doubtful there would be any credible claim by any third party to your mothers estate.

Joshua :

Anyone can of course challenge a will but the only individuals that would likely have any credible challenge would be any sibling, spouse or financial dependent.

Joshua :

From what you say your mother has no such persons and therefore no credible challenge exists.

Customer:

what if one of my two sons were to dispute my right

Joshua :

She should ensure that her will is up to date and that ideally you are appointed as the sole or a joint executor.

Joshua :

Neither of your sons would have a credible claim unless they are financially dependent upon your mother.

Customer:

that is what i was hoping you would say. her will is up to date and i am sole executor so no need for a trust then

Joshua :

If your mother wishes, she could set up a life trust for her with you as the remainderman (the inheritor) after her death however to my mind this seems to be a sledgehammer to crack a nut when there is no credible threat

Joshua :

A life trust would cost in the region of £4-750 + VAT to set up hence my view that it is an unnecessary expense in the circumstances.

Customer:

brilliant, Joshua, many thanks for your attention.

Customer:

goodbye,

Customer:

john c.

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