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 Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I own a share of a house with my mother as tenants in common. In the event of her death h

Customer Question

I own a share of a house with my mother as tenants in common. In the event of her death her share is to be split between myself and my two sisters. Do I have any rights to continue living in the property, in which I would own the majority share?
As I have a disability, finding suitable alternative accomodation may well be a problem.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

You would have a right to remain living in the property, as you are and would be a legal owner of the property. However, your sisters would be entitled (if they wanted to) to apply to Court for an Order that the property be sold, to enable them to receive their entitlement.

It would therefore be normal in this situation that your Mother's Will includes a provision that if she dies first, the property should not be sold without your consent and that you be entitled to remain living there for a slong as you wish. This simple provision will then prevent your sisters ever demanding a Sale whilst you wish to remain living there.

It is really, therefore, up to your Mother to make sure her Will includes the above.

I hope this helps and answers your question.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Al,

I need some further clarification and advice. My mother tried to have a provision such as you suggested put into her will but was told it was not possible as I already own 20% of the property under a decleration of trust.

I purchased my 20% of the property in 2002. However having gone through all the paperwork. It appears that in 2011 when my late fathers estate was settled, the property was put into trust, and that we hold the property as tenants in common with mother having an 80% share and myself having 20%. Does the property being in a trust preclude a provision allowing me to live in the property after my mothers death.

The trust was obviously thought to be a good idea by the solicitor at that time, and we went along with it.

However, my mother does wish me to be able to stay in the property, and it is obviously very important to me, as house has been adapted to my need as a disabled person. Is there any way that this can be accomplished legally?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

As stated previously, as an owner of 20% of the property, you have a legal right to occupy the property.

However, if your Mother were to die first, your 2 sisters could make an application to Court that the property be sold, so they can get their hands on their entitlement.

I don't know why the Solicitor has said no provision can be put in your Mother's Will that the property not be sold- it is perfectly possible and usual for such a clause to be put in a Will where parties hold the property as tenants in common.

Unless there was a specific Declaration of Trust signed at the time of your Father's death stating otherwise, there is no reason why your Mother can't include a provision in her Will.

Kind Regards

Al

Customer: replied 2 years ago.

Al,

I appreciate your comments. The trust declaration Mother and I signed in 2011 is above. Is it the fact that there is a trust, possibly preventing the inclusion of a provision to allow me to remain in the house, for a period of three years, which is what my mother would like to happen?

There is a conflict of legal advice here, and I don't know how to advise my mother in order to get it resolved. It is my mothers will, she would just like me to have the security of a breathing space until I can make other arrangements and have the benefit of being able to access my pension which is not available to me until 2018.

My sisters will probably agree to me staying here until then. However both my mother and myself would appreciate something more concrete which is why she would both like the provision to be placed in the will!

Can you suggest a way forward?

Expert:  Aston Lawyer replied 2 years ago.

Hi Stephen,

The wording of the Declaration of Trust does not prevent your Mother from including a further provision in the Will that the house not be sold until a certain time in the future or until you agree to vacate/consent to such a sale.

The wording of the Declaration of Trust is merely to confirm your respective percentage shares in the property, so I really can't see why the Solicitor is saying no provision can be put in your Mother's Will.

Kind Regards

Al

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice