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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If a husband in his will and power of attorney that

Resolved Question:

If a husband in his will and power of attorney that everything goes to his wife as his passing away.
can his business partner, whose name is ***** ***** bank loan can take all the business building
Please i need this answer urgently
Submitted: 1 month ago.
Category: Law
Expert:  Aston Lawyer replied 1 month ago.

Hi,

Could you confirm the following-

Is your husband's business a Partnership as opposed to say a Company?

If so, is there any written Partnership Deed?

Is the building in the joint names of your husband and his business partner?

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 1 month ago.
Hi
my husband's business is a dr surgery, since 1983. My husband had the building from scratch.
its not a limited company of any kind
Partnhership deed has not been written up by any lawyer.
He is a partner in the clinic as far as the health authority is concerned. He is a partner.
In 2015 my husband and son took a loan of 1.3 m from the bank to extend the building .I am concerned about this that should anything happen to my husband ,would the building go to my son.
In the will we have both said that on second death the properties will go to both sons
Customer: replied 1 month ago.
The bank loan is in both names my husband and son
Expert:  Aston Lawyer replied 1 month ago.

Hi,

Thanks for your reply.

Well, the legal position is as follows-

There are 2 ways that joint owners can own a property. Either as Joint tenants or Tenants in common.

If the parties own the property as Joint tenants, this means that the property passes automatically, through survivorship, to the survivor.

If the parties hold it as Tenants in common, this means they both own a separate 50% share in the property, which share then passes on death, to whoever is the beneficiary of that party's Will.

So, you will need to make sure that your Husband and Son hold the property as Tenants in common so that if anything happens to your Husband, his half share will pass to you as per his Will.

If they do hold the property as Joint tenants, it is very easy to change matters with the Land Registry so that they then hold it as Tenants in common. Your Husband would need to complete the Land Registry Form called "SEV".

I attach a link for your assistance.

https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

I hope this assists.

If so, I would be grateful if you could rate my answer in the top right hand section of your screen.

Kind Regards

Al

Customer: replied 1 month ago.
Hi thanks for you reply.
There is no tenancy agreement. My son joined my husband last year as a partner agreed by CQC. My son and husband both take responsibility of patients' list
The bank joint name came in when they took a loan for the extension of clinic and extra flats above the clinic.
Customer: replied 1 month ago.
On my husband's passing away the patient's list will come to my son. I am worried about the income generated from it and income coming from the rent of flats
ownership of the whole building
If my son and his wife will own all, I will not be able to survive and also upset my other son too.
What advice would you give please
Customer: replied 1 month ago.
My son and his wife are living in our house.
The mortgage is in joint name - my husband and I
Are they called tenants then
Customer: replied 1 month ago.
Please do not text me at all. My texts can be seen on email
Expert:  Aston Lawyer replied 1 month ago.

Hi, when I talk about "Joint tenants" this is the expression used where 2 people OWN the Freehold to a property.

My previous answer therefore does apply to your Husband's situation, as both he and your Son will be on the Deeds to the surgery building.

As regards ***** *****'s list and the income, your Husband and Son need to draw up a Partnership Agreement, and this will set out in clear terms what is to happen to each of their shares in the business, should one of them die.

A local Solicitor can prepare such an Agreement for them. Only be doing this will you prevent any potential argument/uncertainty as to what should happen to your Husband's share.

I am not sure if the Flats relate to a different building to the surgery? DO they?

As regards ***** ***** home, your son and his wife are what is called "Licencees" ie they only have a right to remain living with you as long as you are happy for them to do so.

I look forward to hearing form you concerning the Flats.

Kind Regards

Al

Customer: replied 1 month ago.
Hi
The flats relate to the same building surgery
Expert:  Aston Lawyer replied 1 month ago.

OK, thanks.

Well, provided your Husband is holding the building as Tenants in common with your Son, his half of the rent will pass to you, were he to die.

I hope this clarifies matters.

If so, I would be grateful if you could rate my answer.

Thanks.

Kind Regards

Al

Customer: replied 1 month ago.
I will definately rate it.
I forgot to tell you that I am self employed and I am a business partner in surgery for tax purposes
Where would i stand then
Expert:  Aston Lawyer replied 1 month ago.

Hi,

Thanks.

Any rent/other income you do receive from the surgery will just have to be declared on your yearly tax return and the appropriate rate of tax will become payable.

Kind Regards

Al

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