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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I would like to as a legal question : If a mother lives in

This answer was rated:

I would like to as a legal question :
If a mother lives in a flat/property owned by her son (funds being provided by the mother) how can the mother be protected against risks like son's divorce, death, or financial default etc. Are there ways, instruments the son should take advantage of to protect his mother against loosing the right to live in the flat till her death and what are they?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is the funding dependent on her being able to live there?
Customer: replied 3 years ago.
Hi Clare,
No, the funding does not depend on the mother being there. She has already given the money to her son.
Thank you
Is the son currently married?
Customer: replied 3 years ago.

Yes, he is currently married.

The most effective way of dealing with this and avoiding IHT problems would be to grant a long term tenancy at a nominal rent which will protect her position
You should ensure that the Lease is Prepared by an experienced property lawyer.
Please ask if you need further details
Customer: replied 3 years ago.

What is a long term tenancy and what is considered to be a nominal rate?

How this tenancy protects her from, son's divorce, death or insolvency?

Is this the only way/instrument i.e. Long term tenancy?

How old is the mother?
Customer: replied 3 years ago.

She is 66 years old

Customer: replied 3 years ago.

Hi Clare,

I will rate your answer to my question, of course, but we have not finished the conversation.

I asked a follow up question to which you asked "how old is the mother", and my reply was "she is 66 years old", so I still have not got the answer to my last question.

Thank you, ***** ***** waiting for your answer.

My apologies for the delay
In that case say 30 years and whatever you like - can be a bunch of flowers or a peppercorn -as you wish
The tenancy means that anyone who takes on the house must also take on the tenant
Clare and other Family Law Specialists are ready to help you