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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10349
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husband wants to leave s house (i am not on the mortgage)

Resolved Question:

my husband wants to leave his house (i am not on the mortgage) to me, but when i die, he wants me to leave it half to my daughter, half to his daughters. if he puts this in his will somehow, does that mean his daughters have control over what i do with the house for the rest of my life? they do not like me and i am concerned they will make my life difficult if i outlive my husband.
Submitted: 8 months ago.
Category: Law
Expert:  Aston Lawyer replied 8 months ago.

Hi, thanks for your enquiry.

In these circumstances, it would be normal for your husband's Will to grant you a right to remain in the property for as long as you wish/anything happens to you. It would also normally say that you will be responsible for maintaining the property and arranging the necessary Buildings insurance. Whoever your husband appoints as Executors of his Will are under a duty to make sure you comply with these conditions, and it is never a good idea with the children to be appointed if there is likely to be a conflict. Therefore, hopefully your husband can appoint 2 independent/family friends to act as Executors and Trustees. If this happens, your husband's daughters will have no right to enter the property or meddle with it until anything were to happen to you.

I hope this assists and if so, I would be grateful if you could rate my answer.

Please let me know if you require any further clarification.

Kind Regards

Al

Customer: replied 8 months ago.
Thank you. Can you tell me what happens if I want to sell and move somewhere different?
Expert:  Aston Lawyer replied 8 months ago.

Hi,

You need to make sure that your husband's Will also includes a provision allowing you to downsize/buy elsewhere. Most Solicitors will include this provision as standard.

I hope this helps.

Kind Regards

Al

Customer: replied 8 months ago.
But if I choose to downsize to release some money for myself, do I need to keep asking the executors' permission? (He has appointed one of his children and one of mine)
Expert:  Aston Lawyer replied 8 months ago.

Hi,

It all depends on what it says in your husband's Will- in respect of the property, it would normally grant you only the right to remain living there or in any substitutional property, with all the capital from any sale passing to the children. You do need to discuss this point with your husband.

Kind Regards

Al

Customer: replied 8 months ago.
If I were to downsize, it would be because I couldn't afford to live and maintain the house on my state pension. It would defeat the object if I had to hand over the proceeds immediately. This seems to be a very bad situation for me to be in. I would like to be able to reason with my husband, but he considers his will to be private and gets very upset if I question anything. Is there no other way of ensuring his daughters get something when I die? My word is evidently not sufficient in this instance.
Expert:  Aston Lawyer replied 8 months ago.

Hi,

Sorry to hear of the situation you are in.

Apart from leaving a set amount of money to his daughters, there is nothing else your husband can do.

From your point of view, your husband is under a duty to provide you with reasonable financial provision on his death, and although I can't of course confirm how much this would be, as it depends on all the circumstances of your case, there is is a security measure for you if the worst ever happened and you felt you had not been treated as you should have been.

I hope I have answered your original question, and if so, would be grateful if you could rate my answer.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10349
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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