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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16051
Experience:  I have been practising for 30 years.
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Our daughter lives in an apartment which we own. She is

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Our daughter lives in an apartment which we own. She is bi-polar and can behave irrationally at times. In order to secure protection for her can we as parents stipulate in a will that this apartment cannot be sold during her life-time ? Brian
JA: What steps have you taken? Have you filed any papers in family court?
Customer: None yet as idea only now under consideration.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Bristol
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

does she have mental capacity to understand what you want for her?

Customer: replied 7 months ago.
the situation is that she is on medication and can have an occasional relapse if she stops medication. This has only happened twice over 15 years.

I certainly the problem is here. You can of course leave your daughter the house in your will and you could have a separate trust registered as a restriction whereby the property is held on trust for your daughter during her lifetime and could only be sold with the consent of the trustees. You don’t want it to be not allowed to be sold entirely because you never know what circumstances are going to be changed but you need someone else to read and control of it (someone you know and trust) to make that decision when you eventually pass away.

This is a job for a specialist trust solicitor but otherwise it’s relatively straightforward.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


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Customer: replied 7 months ago.
Many thanks, ***** ***** advice.