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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mum died recently and, in her will, left her residence to

Resolved Question:

My mum died recently and, in her will, left her residence to two trustees (myself and her partner).
How should this be handled in terms of putting the property into our names?
I am concerned that the will is the only thing stopping the partner from keeping all or half of the property if it goes into his/our names.
An advisor from Barclays told the partner that the property should go solely in his name and I'm very concerned that the property will then go to his family if he dies.
Many thanks for any help.
Submitted: 10 months ago.
Category: Law
Expert:  Aston Lawyer replied 10 months ago.

Hi, could you please let me know if the property was in joint names? Does your Mother's Will just allow her partner to remain living in the property for the rest of his life/until he wishes to sell/moves out? Kind Regards Al

Customer: replied 10 months ago.
Hi,the property was just in my mum's name.
The will says something like "I leave my residence to my trustees with power to postpone sale to [me] provided that [I] do not survive [partner] and leave a child under the age of 18".
Expert:  Aston Lawyer replied 10 months ago.

Hi, thanks for your reply. I take it that the Will also states that your partner can remain living in the property and as and when he dies/moves out, the property is t be sold and the proceeds divided between my children, or words to that effect? Kind Regards Al

Customer: replied 10 months ago.
It says that it must be kept in good repair by him and that if it is sold and another property bought then that becomes property of the trust.
It doesn't mention what happens if either of us dies. It seems quite vague which is what worries me!
When she was alive she told me that the property was mine but that he could live there until his death but that doesn't seem to be what is written.
Expert:  Aston Lawyer replied 10 months ago.

Hi, I would certainly hope the Will has been drafted correctly, as it is quite a common scenario. As the property is held upon trust for you/the children, you certainly should not transfer the property into her partner's name. You should speak to a local Solicitor (please don't rely on the Bank!) and the correct thing to do would be to have the property transferred into your joint names "as Trustees of the late xxxx". This is a very straight forward procedure and once registered at the Land Registry, means that you are protected and he won't be able to sell the property without your consent. I hope this assists and sets out the legal position. If I have helped, please don't forget to rate my answer. Kind Regards Al

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