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 F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
Type Your Law Question Here...
F E Smith is online now

I recently married and my husband and i made mirror wills. I

Customer Question

I recently married and my husband and i made mirror wills. I have since come into some money as my father has died. We own a small flat which we let out and is left to our 4 sons in trust when one of us dies till the other dies also. The 4 sons are 2 from each of us. I was worrying that when I die and my husband inherits all my money whats to stop him spending it all and leaving nothing for my sons or maybe he will remarry and then possibly having more children to divide it amongst. My question is shall i invest it all in property so these flats are held in a trust fund and therefore can not be sold to just get money?
Submitted: 3 months ago.
Category: Law
Expert:  F E Smith replied 3 months ago.

Is your concern that if you die, your husband gets everything and then he will cut your children out of the loop?

Customer: replied 3 months ago.
if he remarries for instance, so should i invest the money in to property which is held in trust for our 4 children till we both die?
Expert:  F E Smith replied 3 months ago.

Thank you. There are a variety of ways of dealing with this depending on the assets are.

For a house, you can leave your share to your children and he lives his share to his children and you both have the provision whereby he has the right to live in your share of the house for life and then when you are both dead, the house passes to your respective children.

With regard to the inheritance that you’ve received, depending on how long you remain married for, if ever you get divorced, if that sometime after getting married, he may have a claim on that inheritance depending on what other assets there are within the married to be divided. I know that you have only just married but at least now you know the situation with regard to the inheritance.

With regard to any cash that you leave to him, he can do exactly what he likes with that. If you leave a substantial amount of cash, you can give him the income from it but not the capital which you can leave to your children. It does mean that your children could not get hold of the asset until he dies. You could however leave it in a trust whereby he gets the income for a period after your death, say, 5 or 10 years and then he no longer gets the income and your children get the capital.

It would be worthwhile speaking in depth to the solicitor that arranged your Wills but do have an idea before you go into that meeting, exactly what you want to achieve. Remember that your husband has exactly the same concerns over you albeit that he doesn’t have your inheritance.

It is possible to do a mutual will (as opposed to a mirror will) where you each agree not to revoke your Wills but they are fraught with problems in enforceability. Here is a little reading on the subject.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 3 months ago.
please can you tell me, if I invest most of my inheritance in joint properties with my husband to let out , if we leave them in trust to our 4 boys can my husband sell them when I am dead and spend the money?
Expert:  F E Smith replied 3 months ago.

If you are doing that, it’s easy to resolve by putting a restriction on the property register at the Land Registry that the property is not to be sold without the consent of the boys or putting the property in joint names with them.

If it is in joint names with them, he could force a sale but would then only get 1/5 of the money.

Customer: replied 2 months ago.
if we later decided we wanted to sell it, both of us still alive at this stage , we would still only get 2/6ths of it?
What if we sold it and invested it in another property and made them joint owners of that?
How about this as a solution? .......
Two common forms of restriction1) Tenants in Common – Form A restriction: When two or more people purchase a property and choose to hold it as Tenants in Common, rather than as Joint Tenants, the standard “Form A” restriction is registered on the title of the property. Holding a property as Tenants in Common means that each owner owns a distinct half share of the property and when they die, their half will not automatically pass to the surviving owner. Instead, the deceased’s half share will form part of their estate and will be given to someone in accordance with their Will, for example to their children. The purpose of the restriction is to ensure that, on the death of one proprietor, the property cannot automatically be sold by the survivor on his own (which could circumvent the rights of the beneficiaries of the deceased’s Will). A ‘replacement trustee’ needs to be appointed to step into the shoes of the deceased and be a party to any transfer alongside the surviving proprietor. If the survivor is entitled to the deceased’s share, in accordance with the terms of the deceased’s Will, the restriction can be removed from the register by supplying a death certificate and a statement from the remaining registered owner showing he is solely entitled both to the legal and the beneficial estate in the property. When co-owners of a property are living and the property is held as tenants in common, a Form A restriction alerts third parties to the existence of the tenancy in common and the need to pay purchase monies to all co-owners.
Expert:  F E Smith replied 2 months ago.

You cannot put the property into different names and then sell it as it was before.

You cannot set up a trust and then simply ignore the trust for future.

Hence either the property is transferred or a trust is set up or it isn’t.

You can do what you like provided the others agree although there is no reason why if you are doing a trust document, you could not have it so that you would be allowed to purchase the properties and sell this one, provided you don’t diminish the capital value.

I tenancy in common restriction simply means that the property doesn’t automatically pass to the survivors on death.

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.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

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