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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10635
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My partner and I are making a new will together. The house

Resolved Question:

My partner and I are making a new will together. The house is mine,he has been with me 25 years. We both have heart problems. I have agreed to him having a half share in the house.
My children know and agree. Our solicitor talks about 'holding things in trust.Do we have to name a Trustee for each of us, or does the Solicitor drawing up the will automatically take it upon himself to be that Trustee. I was hoping that with Wills having been made it was a simple matter of going to Probate to settle our respective affairs. I am 79 my partner is 69 at the moment.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Your Will will set up any Trust- it would be normal for the Executors of your Will to be the Trustees, and this should possibly be 2 of your children, if they get on fine with your Partner!

As regards ***** ***** itself, I am guessing that your Solicitor is suggesting that if you were to go first, that your partner be entitled to remain living in the house for as long as he wishes, subject to him paying the outgoings/maintaining the property. Alternatively, depending on how you feel, a simple trust could be set up in the Will to say that if you were to go first, the house be sold and the proceeds split between your Partner and your children. Whether this would give your Partner enough captal to puurchase another pproeprty is something you would need to consider.

On a side issue, I certainly wouldn't hand over any money to your Solicitor until the Wills have been prepared (it would not be normal for a client to pay upfront for a Will).

I hope this assists you and answers your question.

Please let me now if you require any further clarification.

Kind Regards

AL

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