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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10413
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I re-married last year and I wish to draw up a new will. My

Customer Question

I re-married last year and I wish to draw up a new will. My question concerns my house which I own with my eldest son as Joint Tenants, upon my death my son will be the sole owner. The house was purchased with money left to me by my late first husband. My second husband has agreed that upon my death the house should be owned by my son. However, I would like to enter a clause in my will saying that it is my wish that my husband may reside in the house at a fixed low rent to my son for as long as he wishes to. For example, “ It is my wish that :-
My husband continues to reside on the property for as long as he chooses to.
My husband will liable for insurance of the contents of the property only.
My husband will pay a fixed rent of £150.00 per calendar month to my son for the duration of his residence on the property.
My husband can rent out the bedrooms of the property to lodgers if he so wishes and he can keep the rent received from them for himself.
My son will not sell the property until my husband vacates it of his own accord. “
Is it sufficient to state my wishes in my will like this or should another more formal document be drawn up to ensure my wishes are complied with?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

As you currently hold the property as Joint tenants, the property will automatically pass through survivorship to your son, if you were to die first. Hence, the property will not form part of your Estate and any clause you put in your Will concerning your "share" in the property will be invalid.

Therefore, you need to convert the way you are holding the property so that you and your son hold it as tenants in common. Only by doing this, can you guarantee that your husband has some security to remain living in the property, if you were to die first.

By converting the property into "tenancy in common", you can still leave your half share to your son in your new Will, but you can also put a provision in that while your husband wishes, he can remain living in the property, paying £x per month in rent/maintaining the property/and paying all outgoings and Buildings Insurance.

If done, your son is then prohibited from being enetitled to demand a sale, while your husband wishes to remain living there.

The one thing you won't be able to make legally binding is your wish for him to be able to rent out part of the property/take in lodgers and retain all the rent. This is because, legally, your son is entitled to receive half of any such rent, as he is the co-owner. Therefore, the best you can do in this regard, is put a letter of wishes with your Will, which is a separate non legally binding document stip

ulating that it is your wish that your husband be entitled to retain all the rent. It would then be up to your son whether he abides with your wish.

The Solicitor who prepares your Will will also be able to deal with the necessary Land Registry form converting your ownership into tenants in common.

I hope this helps you and answers your question.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10413
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and 3 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Aston Laywer,

I don't know if I am able to continue our discussion in this manner or not. However, I will plunge on. I have changed the joint ownership of the property from Joint Tenants to Tenants In Common with the Land Registry. My eldest son Chris is now a Tenant in Common, I am the other one. I want to leave my half share of the property to my younger son Trevor.

Will the following wording in my will suffice to compel my youngest son to allow my widower husband to remain living in the property until he chooses to leave ?

The property at***** Nottingham NGx 6xx This property is owned by myself and Christopher Almeida as Tenants In Common. I leave my half share of the property to Trevor Almeida under the proviso that :




  • Derek Jarvis continues to reside on the property for as long as he chooses to.




  • Derek Jarvis will liable for insurance of the contents and the buildings of the property.




  • Derek Jarvis will be responsible for the general upkeep and maintenance of the property.




  • Derek Jarvis will pay a fixed rent of £150.00 per calendar month to Christopher Almeida and Trevor Almeida for the duration of his residence on the property.




  • Derek Jarvis can rent out the bedrooms of the property to lodgers if he so wishes.




  • Christopher Almeida and Trevor Almeida will not sell the property until Derek Jarvis vacates it of his own accord.




Many thanks for your assistance.

Kind regards

Gillian Jarvis

Expert:  Aston Lawyer replied 2 years ago.

Hi Gillian,

Thanks for getting back in touch.

I would propose a more stringent clause to be honest.

If you can re-post the question again as a new question, and request that I answer it, I will gladly assist you.

Hope that's OK.

Kind Regards

Al

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