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 Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35052
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

I have a son and a daughter from a previous marriage, my wife

This answer was rated:

I have a son and a daughter from a previous marriage, my wife died. My son lives in a house that I own. I have re- married and live in a house that my wife owns. I am making a new will. I wish to ensure that my son has a place to live in and at the same time be fair to my daughter and my present wife. With my wife's agreement, I would like to leave my house to my son and daughter one third each and a third to my wife but that is complicated by us giving an assurance to my son that he can remain in the house. I am looking at the possibility of leaving the house to my son and daughter on condition that an agreed sum is paid to my wife monthly and that if the house is sold they all get a third and the monthly payment ceases. However, I do not want my wife to be responsible for the upkeep of the house. Can this be achieved?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Will your wife need an income from the house?
Customer: replied 3 years ago.
My intention is to arrange an agreed monthly payment to my wife unless or until the house is sold if the house is sold they all get one third. I have not discussed with my son and daughter but I have discussed it with my wife. I do not like the idea of my wife having to take on responsibility for the upkeep of the house. Can something like this be workable? If so how can it be done?
Sorry - I meant is the monthly payment essential - or would you be happy if she just got the third share when the property is sold?
Customer: replied 3 years ago.
I believe that my wife would benefit from a monthly payment but get nothing if the terms state that she gets a third if the property is sold, simply because I am sure that my son will wish to remain in residence. I have been agonising over the detail and now wonder if the property could be left in trust, with my wife, son and daughter as trustees and my son as trustee in residence being responsible for the upkeep and for paying my wife a small monthly sum of, let's say £200.00. If he later decides to move out the property could then be sold and the proceeds shared between the 3 trustees equally. Is this a possible solution and can it be written into my will?
is there no chance that your son could get a mortgage for a third of the property?
Customer: replied 3 years ago.
In that case another option would be that the property is left to the three of them with the proviso that your son can stay say so long as he wishes provided he pays all the outgoings and pays occupational rent to your widow.
This saves the expense of a Formal Trust; confirms the interests that they each have in the property and gives you wife an income.
You should find an experiences Estates Solicitor in your area and they should have no problem drafting the Will accordingly
Please ask if you need further details
Clare and other Family Law Specialists are ready to help you