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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10426
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Laywer, I hope this is the correct procedure.

Resolved Question:

For Aston Laywer,
I hope this is the correct procedure.
Further to my earlier question I have changed the joint ownership of the property from Joint Tenants to Tenants In Common with the Land Registry. My eldest son Chris A and I are now each a Tenant in Common. I want to leave my half share of the property to my younger son Trevor A.
Will the following wording in my will suffice to compel my youngest son to allow my widower husband Derek Jarvis 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 A as Tenants In Common. I leave my half share of the property to Trevor A 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 A and Trevor A 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 A and Trevor A will not sell the property until Derek Jarvis vacates it of his own accord.
Many thanks for your assistance.
Kind regards
Gillian Jarvis
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hi

Thanks for your enquiry. I would propose the following wording which you can use or modify if you feel it is needed. There is no magical wording required, and provided the below is included, this will be sufficient.

(a) My Trustees must allow A to occupy the property known as 123.. ("the Property") SUBJECT to him paying £150 rent per calendar month.

(b) A must:

(i) pay all outgoings on the Property;

(ii) keep the Property in [good repair and condition OR at least as good repair and condition as it is at the date of my death}; and

(iii) keep the Property insured in my Trustees' names, complying with my Trustees' directions about the level of insurance cover and choosing an insurer

(c) [My Trustees must not sell the Property without the written consent of A unless, in the reasonable opinion of my Trustees, he is not capable of giving his consent.

 

(d) A is entitled to enter into a lodgers agreement pertaining to the Property with any third party or parties if he so desires.

I hope this assists.

Kind Regards

Al

Customer: replied 2 years ago.

Thanks Al.

I take it that “My Trustees” refers to my two sons who will both be Tenants In Common of the property. Are Tenants In Common automatically referred to as Trustees? Does this title of Trustee have to be mentioned anywhere else in my will.

What would you suggest for the wording for a fixed rent per calendar month ? Can I just use the words “a fixed rent of £150 per calendar month” ? I don’t want my sons to increase the rent in order to persuade my husband to move out of his own accord.

Gillian Jarvis

Expert:  Aston Lawyer replied 2 years ago.

Hi Gillian,

At the beginning of your Will, you will need to appoint

Executors, who will also act as Trustees. So, I wasn't referring to the "Tenants in common".

The Executors/Trustees will normally be 2 family memebers, who will have the job of administering your Estate and making sure the property is amintained as it should be and overseeing the payment of rent and the other provisions relating to the property as mentioned in your Will. It is therefore wise NOT to appoint Derek or the

children as Trustees, to avoid their interests being conflicted.

Executors clause- "I appoint X of***** Anytown and Y of 3 High Close, Anytown to be the Executors and Trustees of this my Will".

If you would prefer your children to deal with administering your Estate, you could appoint them as Executors, and then appoint 2 other people as Trustees. However, it would be normal for the same 2 people to act as Executors and Trustees.

I would always people to ask a local Wills Solicitor to draft their Wills, to avoid any problems in the future and so that full advice can be given.

I hope this assists.

Kind regards

Al

Expert:  Aston Lawyer replied 2 years ago.
Hi Gillian,

Can I assist you any further?

Kind Regards
Al
Customer: replied 2 years ago.

Hi Al,

Thanks for your answer. It seems that what I want entails more than a DIY will after all.

With reference to the second part of my question, "can I just use the words “a fixed rent of £150 per calendar month” ?" would there be any problems with determining a fixed rent in my will, or should the rent be decided upon between my sons and my husband (who is not their father by the way) after I have died?

Thanks

Gillian

Expert:  Aston Lawyer replied 2 years ago.

Hi Gillian,

You are free to just use the words "a fixed rent of £150 per calendar month" as long as you are happy for this amount to be paid for the whole duration of Derek's occupation of the property.

Hopes this assists- I would still suggest that you see a local Solicitor to ge tthe Will drawn up.

Best Wishes

Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10426
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Al, thank you for your excellent service and advice. I can now proceed on a more informed footing.

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