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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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My father passed away a few years ago and I inherited his estate.

Resolved Question:

My father passed away a few years ago and I inherited his estate. This included a 2-bed apartment which I have now moved into with my husband. The property is now in my sole name. How can I ensure that if I died before my husband, he could continue to live there for the rest of his life without the right to sell, and then the property is automatically passed on to our children after his death?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. There are a number of ways in which you could effect this in your will. Firstly, you could give your husband a right of residence in the flat for his lifetime whilst giving the flat to your children immediately. This has the most simple approach. the flat is immediately owned by your children, but your husband can live there for his lifetime. Secondly, you can create a life interest in your husband with the remainder over to your children who would then inherit upon the death of your husband. This is also effective. However, your husband could sell his life interest if he wished. However, it might be difficult to find a buyer particularly if your husband was quite old. These are the two options. However, I would suggest you speak to a solicitor and get help in drafting your will so as to effect one of these two solutions.
Customer: replied 1 year ago.

Thanks for that. Just a quick question: what about setting up a trust?

Expert:  Buachaill replied 1 year ago.
2. Establishing a trust means that the ownership never vests in your children. Nor in your husband. In your question, you didn't state you wanted none of them to own it. I would suggest to you that if there are two or more children, the establishing of a trust would not really be suitable for their needs. Trusts work well with a multiplicity of assets and where management of an asset is required. It is overkill for an apartment.
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