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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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I have cancer can I make a will to leave my share off the house

Customer Question

I have cancer can I make a will to leave my share off the house to my family if my husband dies after I die as we have no children.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

To do this you have to know one bit of information first of all. You have to know if there is a provision in the title deeds of the house whereby the house passes automatically to the survivor on the first death. If that is the case the title will be drafted "equally between you and to the survivor of you". That would have to be changed if you want to leave your share to your family after your husband's death.

The way you go about your will once that is done, if it has to be done, is to leave your share of the house in liferent for your husband and in fee for your family. Liferent means that your husband would have the right to stay for life. Fee means that your family would own your share, subject to your husband's right to occupy the house until his death.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.