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JGM, Solicitor
Category: Law
Satisfied Customers: 13316
Experience:  30 years as a practising solicitor.
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I am the owner of 2 properties: my residence was owned in

Customer Question

Good evening. I am the owner of 2 properties: my residence was owned in 50/50 shares as tenants in common with my late wife, Hilary. The will states that Hilary's share will pass to her son Joe, held in trust until his 30th birthday in 2028. In my capacity as one of the executors of Hilary's estate I informed the land registry of Hilary's passing. The property deeds were updated and show myself as the sole owner. My intention is to sell the property, at a convenient time prior to Joe's 30th birthday. Hilary's share will then pass to the trust and later, to him. The 2nd property was owned by Hilary and myself as joint tenants and I now have sole ownership. The property in currently let.
My intention is to move to the 2nd property. This would then be my residence and I will let my current residence, an exchange of usage if you like.
My question is this: will Joe's trust have any legal claim upon the rental income received?RegardsAndrew
Submitted: 10 months ago.
Category: Law
Expert:  JGM replied 10 months ago.

If the property was held as tenants in common and Hilary’s share was willed to her sonthatvIso be held in trust, how has the title ended up on your sole name?

Customer: replied 10 months ago.
34;Upon the death of tenants in common, their share passes not automatically to the survivor as with joint tenants but via the deceased’s will or, if there is no will, via the rules of intestacy. Only the equitable share passes however, not the legal title."The above I have taken from: assume this is why the legal title is in my name only. The probate accounts state that 50% of the value of the property is Joe's.
The property was purchased as a joint tenancy in 2006 (Hilary & I) but so that Joe would receive half the value, Hilary arranged for the joint tenancy to be changed to tenants in common (which I agreed to and signed for). This forms a codicil to the will. Perhaps it was never registered with the land registry. Still, assuming that the property is tenants in common, does Joe's trust have any claim to rental income?
Expert:  JGM replied 10 months ago.

I understand all of that and the will provided for her share to be held in trust. Not to go to you. That is the issue.

Customer: replied 10 months ago.
This is true and Hilary's share of the value will go to the trust once the house is sold. Under these circumstances, are spouses expected to sell the residence immediately, as part of the exercising of the will? Or perhaps the legal title needs to be changed to reflect the provision of the will?
Expert:  JGM replied 10 months ago.

Maybe I have this wrong but did the will not say that the half share in the house was to be held on trust? That being the case I would expect the executor to ensure that the title to the house was held in common between you and the trust.