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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I had an outstanding balance on my mortgage which I could not

Resolved Question:

I had an outstanding balance on my mortgage which I could not pay; Daughter bought house to enable wife and I to stay in it till we die. If daughter dies first she wants to pass leave the house to us in her will. Her total assets do not exceed £300K. Can she do this in a Will or does she need an additional instrument to make this work?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. If your daughter wants to leave her house to yourself and your wife should she die first, then there is nothing to prevent her doing so. This is because there are no limits to the freedom of testamentary disposition in england & Wales. A person can decide to whom and what assets they leave to a person or not. The husband is not entitled to a specified proportion of the assets of your daughter's estate should she die. Your daughter can decide to whom she leaves the house and this is perfectly lawful. So she can safely decide she is going to leave the house to yourself and your wife. There is no additional instrument needed to effect this aim of leaving the house to yourself and your wife should your daughter die first. The will is sufficient.
Customer: replied 1 year ago.
Thank you for a succinct reply. I did forget to mention that my daughter is married. I presume that you mean her husband (The husband is not entitled to a specified proportion of the assets of your daughter's estate should she die")? Please confirm.
Thank you.
Expert:  Buachaill replied 1 year ago.
2. Yes, I assumed for the purposes of the answer that your daughter was married. So, her husband is not entitled to any automatic share in her estate, such as a house, for example.
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