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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10774
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My father has just died and he has left a will, he owned a

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My father has just died and he has left a will, he owned a house with my stepmother as 'tenancy in common' the trustees are my stepmother and my brother and his half of the house goes to me and my brother. The will says she is allowed to sell the house and buy something else and his share can be used and be put into 'trust' for us when she dies. I don't want her to purchase a retirement home ? Do we have a say ? Many thanks, claire

Hi Claire, in these scenarios, it is usual for each party to leave their half share to their respective children, but with the proviso that the survivor won't be forced to sell the property. Hence, the Will will state that your stepmother has a right to remain living in the property for as long as she like as well as granting her the right to downsize/buy any other property which she may need in later years. Hence, I am afraid she does have the right to purchase any other property she may require, and you do not have any right to object. I am sorry this is not the answer you were looking for, but it sets out the legal position. If I have answered your question, I would be grateful if you could rate my answer. Kind Regards Al

Customer: replied 1 year ago.
Thank you for your answer . Also as it doesn't state in his will that his share of the property will contribute to the fees for selling eg stamp duty etc I presume the money will come from her estate ?

Hi, if the property is ever sold, it would be normal for your half share to equal half the Sale price less half of the legal and Estate Agents fees. You would not therefore be contributing to any Purchase costs she incurs. Kind Regards Al

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Customer: replied 1 year ago.
Thank you very much
Best regards

Thanks Claire, all the best. Al